# Bailey v. Resner

> Supreme Court of Kansas · January 28, 1950 · 168 Kan. 439

URL: https://www.frixlaw.com/law-library/cases/9550869

## Case

- **Full name:** Georgia Mae Bailey, Appellee, v. R. N. Resner and Pauline Resner, Appellants; Georgia Mae Bailey, Appellant, v. Raymond Resner, Appellee
- **Court:** Supreme Court of Kansas
- **Decided:** January 28, 1950
- **Citations:** 168 Kan. 439; 214 P.2d 323; 1950 Kan. LEXIS 343
- **Precedential status:** Published
- **Opinion:** Dissent by Arn
- **Judges:** Arn, Smith
- **Cited by:** 26 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9550869

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9550869. Public record. Not legal advice.