City of Iola v. Farmer

Citations

• 72 Kan. 620
• 84 P. 386
• 1906 Kan. LEXIS 367

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Question Calling for a Conclusion — Error Cured. The error committed by permitting a witness to answer a question calling for a conclusion is cured when the answer contains the facts upon which the conclusion is founded.</p> <p>2. Petition — Personal Injuries- — -Defective Street — -General Demurrer. A petition for damages sustained by falling into a ditch, in the night-time, in a city of the second class, which alleges substantially that the city is a municipal corporation; that in its corporate limits are two streets much used by people passing between the business part of the city and a railroad station; that under the direction of the city a ditch four feet deep was made on one of the streets, and on a dark night was left open, unguarded and without lights or other warning to travelers of its existence; that the plaintiff on such night, while traveling on the street, ignorant of the ditch, and unable to see the same on account of the darkness, fell into it and was injured, states a cause of action as against a general demurrer.</p> <p>3. -Motion to Make Definite and Certain. Where the plaintiff, in an action for personal injuries received by a violent blow on the abdomen, causing serious internal injuries, is required to make his petition more definite and certain as to such internal injuries, and in his amended pleading alleges that the injury causes him to vomit blood, to pass blood from his bowels, and renders him very weak, and that such injury is located somewhere in his stomach, bowels, and abdomen, but he is unable to state the exact nature and extent thereof by giving the name and location of the particular muscles, ligaments or membranes involved, it is not error to deny a motion to strike the petition from the files on the ground that the plaintiff has not complied with the order of the court to make it more definite and certain as to the nature and extent of such internal injuries and the particular organ