Opinion
No. 43,689
Opinion filed December 12, 1964.
SYLLABUS BY THE COURT
GAS — Burns from Kitchen Stove — Sufficiency of Petition as Against Demurrer. In an action to recover damages from The Gas Service Company and one of its employees for personal injuries, alleged to have been sustained by the plaintiff as a result of negligence on the part of the Gas Company and the employee, the trial court sustained a demurrer to the petition on the ground that pleading failed to state a cause of action and the plaintiff appealed. The record is examined and, following Chaplin v. Gas Service Co., 194 Kan. 26, 397 P.2d 317, this day decided, it is held the ruling on the demurrer was proper.
Appeal from Sedgwick district court; division No. 1; WILLIAM C. KANDT, judge. Opinion filed December 12, 1964. Affirmed.
Russell Cranmer, of Wichita, argued the cause, and Gerald L. Michaud; Orval L. Fisher; Thomas A. Wood, and M. William Syrios, all of Wichita, were with him on the briefs for the appellant.
F.C. McMaster, of Wichita, argued the cause and P.K. Smith and Stanford J. Smith, both of Wichita, were with him on the briefs for the appellees.
The opinion of the court was delivered by
Ernest E. Chaplin, a minor seven years of age, by and through Elmer Chaplin as his father and next friend, brought this action to recover damages for injuries alleged to have been sustained as the result of his clothing being ignited by the lighted gas burners of a kitchen stove. A demurrer to the petition was sustained by the trial court and plaintiff perfected this appeal from that ruling.
For all practical purposes, except for differences in the identity of the plaintiff and inconsequential allegations of the petition, including the prayer of that pleading, the issue raised by this appeal is the same as the one involved and determined in Chaplin v. Gas Service Co., 194 Kan. 26, 397 P.2d 317, this day decided. Therefore, based on what is said and held in that decision, the order and judgment of the trial court in sustaining the demurrer to the instant petition must be affirmed.
It is so ordered.