[DOWNLOAD] "Johnson v. Latimer" by Supreme Court of Kansas # eBook PDF Kindle ePub Free

July 15, 2021

eBook details

Title: Johnson v. Latimer
Author : Supreme Court of Kansas
Release Date : January 09, 1957
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 60 KB

Description

The opinion of the court was delivered by Each of the eight actions consolidated in these appeals is an
action seeking damages for personal injuries and for wrongful
death suffered by plaintiffs (appellees and cross-appellants) and
their decedents as a result of alleged asphyxiation of plaintiffs
and their decedents by carbon monoxide escaping from a floor
furnace manufactured by defendant (appellee) Coleman Co., Inc.,
sold by defendant (appellant) Ross Latimer, installed by
defendants (appellants) Ross Latimer and Dale Bitler, and
serviced by defendant (appellant) Seacat's Gas Service, Inc. Each
of the amended petitions seeks to state a cause of action based
solely upon the doctrine of res ipsa loquitur. Each of the
defendants demurred to the petitions on the ground they failed to
state facts sufficient to constitute a cause of action. From an
order of the trial court sustaining defendant Coleman Co., Inc.'s
demurrer, plaintiffs appeal. From an order of the trial court
overruling the demurrers of defendants Latimer, Bitler and
Seacat's Gas Service, Inc., they appeal. The sole question involved in these appeals is whether the
amended petitions, when tested by the applicable rules of
pleading, state a cause of action under the doctrine of res ipsa
loquitur. Inasmuch as the pertinent allegations of the petitions
are identical so far as the issue before this court is involved,
we will summarize the petition of David Burton, No. 40,309, and
what is said there and the conclusions reached will be equally
applicable to the remaining numbered appeals.