Murray v. Empire District Electric Co.

Citations

• 96 Kan. 336
• 150 P. 533
• 1915 Kan. LEXIS 378

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Opening Flood Gates of Dam — Flooding Public Road Crossing — Traveler Drowned — Pleadings. Where a petition alleges an injury to have been caused by the negligent act of the defendant, a demurrer is rightly sustained to a part of an answer additional to a general denial, which merely states that the action of the defendant complained of was rightful.</p> <p>2. Same. A demurrer is properly sustained, in an action based upon the negligence of the defendant, to a defense which merely alleges that the injury complained of was due to the negligence of a third person.</p>