Swayzee v. City of Augusta

Citations

• 108 Kan. 785
• 197 P. 208
• 1921 Kan. LEXIS 268

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Negligence — Distribution of Natural Gas — Pleadings—Amended Petition — Contributory Negligence. A petition praying for damages occasioned by negligence of the defendant in distributing natural gas, and amendments to the petition, examined, and held: Soundness of the cause of action was not affected by amendments resting certain allegations of the petition on information and belief; the amendments were not inconsistent with the petition, and did not render the petition ambiguous; the negligence charged in the amended petition was the proximate cause of the injury; contributory negligence barring recovery does not appear on the face of the petition; and the amended petition states a good cause of action, in a sufficiently clear and concise manner.</p>