Farran v. Peterson

The opinion of the court was delivered by This is an action by a minor, through her father and next
friend, to recover for personal injuries sustained as the result
of the alleged negligence of defendants. The appeal is by
plaintiff from orders sustaining separate demurrers to the second
amended petition and striking the third cause of action from the
third amended petition. In February, 1952, the parents of plaintiff rented a
second-floor apartment in a building in Parsons from defendants
Peterson, the owners thereof. The first floor of the building was
occupied by a grocery store but was vacated in December, 1953. At
the rear of the building there was a yard approximately
thirty-five feet long and twenty-eight feet wide in which there
were clotheslines and a trash burner for the use of the occupants
of the second-floor apartments.