Opinion

Bailey v. Resner

  • 168 Kan. 439
  • 214 P.2d 323
  • 1950 Kan. LEXIS 343
Court
Supreme Court of Kansas
Filed
Jan 28, 1950
Status
Published
Author
Arn
On the bench
Arn, Smith
Cited by
26 cases

The opinion

Arn, J.

(dissenting): I cannot agree with the statement contained in the second paragraph of the syllabus and the corresponding portion of the majority opinion. I realize this court has gone a long way in consistently holding as a matter of law that a given state of facts does not constitute wantonness as that term has been applied to the guest statute (G. S. 1935, 8-122b); and I will concede that here we have a rather close question in applying the rule as to what constitutes wantonness. Perhaps plaintiff would have had a better petition had she fortified it with some of the allegations, the absence of which has drawn some comment in ;the majority opinion. However, giving this petition the liberal interpretation to which it is entitled as against demurrer, I am forced to the conclusion that the question of whether the alleged acts of defendants constitute wantonness is one which should be determined by the trier of the facts — and that it is not for the courts to say upon a demurrer to a petition as comprehensive as the one now before us, that the alleged acts are insufficient as a matter of law to constitute wantonness. To my notion, the petition was . good as against demurrer.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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