Roberts v. Pendleton

Citations

• 92 Kan. 847
• 142 P. 289
• 1914 Kan. LEXIS 331

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence •— Pleadings —: Conclusions of Fact — Demurrer. The rule that conclusions of fact do not ordinarily render a pleading bad as against a demurrer, in the absence of a motion to make definite and certain, followed.</p> <p>2. Same — Inferential Statements vn Pleadings. When instead of a clear and concise allegation of a certain defect it is averred, that the defendant knew or should have known thereof, this implies that it must have existed; otherwise he could not have • known of it.</p> <p>3. Same — Petition Does Not Show Assumption of Risk. A petition charging the defendant with negligently causing the plaintiff to work upon a defective and dangerous iron runway, resulting in his injury, describing the runway generally, but alleging that the plaintiff did not know it was defective or dangerous, and not showing how long he had worked upon it or who had placed it in position, does not show assumption of risk.</p>