Anderson v. Pierce

Citations

• 68 Kan. 57
• 74 P. 638
• 1903 Kan. LEXIS 407

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Injury to Infant — Liability of City and Owners of Property. In repairing a building, the owners removed a vault door weighing 1000 pounds to a public street of a city and leaned it against the wall of a building, where it remained for several days, to the knowledge of the city officers, and in doing so they left it so nearly upright and on a balance that a boy, by pushing his hand between the door and the wall to play with the locks, caused it to fall over and upon him. In an action to recover damages for the injury, testimony tending to prove the foregoing facts is sufficient evidence of negligence of the owners and of the city to take the case to the j ury.</p> <p>2. -' Contributory Negligence a Question for Jury. Whether the boy, who was ordinarily intelligent and about fourteen years and eight months old, was exercising the care and discretion required of one of his age, capacity and experience in playing with an object so placed, or was guilty of contributory negligence, could not be determined by the court as a matter of law, but should have been submitted to the jury with instructions as to the duties and rights of the respective parties.</p>