[DOWNLOAD] "Branstetter v. Robbins" by Supreme Court of Kansas # Book PDF Kindle ePub Free

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eBook details

• Title: Branstetter v. Robbins
• Author : Supreme Court of Kansas
• Release Date : January 07, 1955
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

The opinion of the court was delivered by This appeal was taken from the trial court's order sustaining
appellees' demurrer to the first and second causes of action set
out in appellant's petition. A cross appeal has been filed by the
appellees from another order of the trial court, which refused
appellees the right to take depositions of certain witnesses,
including the appellant. The petition of the appellant, which was filed in the court
below on July 23, 1953, omitting formal parts, for the first and
second causes of action alleged as follows:

"3. Plaintiff further alleges that during the early
part of December, 1951, her husband was hired by the
Defendants through their agents, servants and
employees, to work on the said Robbins Ranch; that
the Defendants and each of them provided a house for
occupancy of this Plaintiff and her husband; said
house being located on property owned or controlled
by said Defendants and each of them.

"4. Plaintiff further alleges that she moved into
said house upon the instructions and invitation of
the Defendants, their agents, servants and employees;
that the Defendants through their agents, servants
and employees, moved the furniture of this Plaintiff
into the house, which she was to occupy while her
husband was employed on the Robbins Ranch.

"5. That said premises were represented and held
out to be safe and fit for human occupancy, when in
truth and fact, there were hidden and latent defects
of a dangerous nature; that said hidden and latent
defects were known, or should have been known or
within the knowledge of the Defendants and each of
them.

"6. That Plaintiff, during the early part of
December, 1951 while occupying said house, received
an injury to her eyes which has resulted in the
removal of one eye, and loss of sight in the other.

"7. That after receiving said injury, Plaintiff
discovered a quantity of a dangerous product known as
`Barnyard Spray' in the food cabinet of the kitchen
of said house; that there were no warnings of the
presence of said dangerous product; that a normal,
prudent person would not expect to find barnyard
spray in a food cabinet, and that the presence of
said barnyard spray was within the knowledge of only
the Defendants, their agents, servants and employees.

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