(Download) "Williams v. Davis" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: Williams v. Davis
- Author : Supreme Court of Kansas
- Release Date : January 10, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The opinion of the court was delivered by This was an action to recover damages for personal injuries.
The appeal is from an order of the district court sustaining
defendants' demurrer to plaintiff's petition. The parties will be
referred to as they appeared in the court below. Plaintiff, an infant seven years of age, commenced this action
by and through his mother as next friend on November 27, 1959.
The petition described in detail the circumstances under which
plaintiff was injured. The physical facts alleged are that
plaintiff lives with his parents in an apartment building owned
by defendants. They moved into the apartment in March 1959. Prior
to moving into the apartment, plaintiff's parents advised
defendants that the 2 x 4 wooden railing or banister on the small
back porch was inadequate and dangerous for their small children,
including plaintiff. Defendants assured them they would make
repairs on the porch as soon as their regular workmen were
available. Upon that assurance, plaintiff and his parents moved
into the apartment and became tenants of defendants. As time went
by no repairs were made and plaintiff's parents made repeated
requests to defendants to fulfill their promise to repair, but
defendants failed to do so. On October 4, 1959, at about 8:30
p.m. while plaintiff was on the small back porch to hang up some
diapers, he lost his footing, rolled through or under the
banister and fell approximately fifteen feet to the ground,
causing serious injuries fully described in the petition.