Axtell v. City of Newton

Citations

• 108 Kan. 32
• 193 P. 1054
• 1920 Kan. LEXIS 545

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Permitting Stone to Remain in Dangerous Position in Alley — Personal Injuries — Changing Grounds for Recovery on Appeal. Where one is injured by a large stone falling on him in an alley, and, in an action against the city for damages on account of the injuries sustained by him, bases his right to recover on the knowledge of the city that the stone was so placed that it was liable to fall, he cannot, in the supreme court secure a reversal of the judgment against him by there contending for the first time that even if the city did not know of the dangerous condition of the stone it is liable because the stone was an obstruction in the alley.</p> <p>2. Same — Instructions. Where the substance of instructions requested are given there is no error in refusing to give those requested.</p> <p>8. Same — Obstruction in Alley — Kept There Without Permission from City. Knowledge on the part of the city that there is an obstruction in an alley and a request from a street commissioner that the obstruction be kept within certain limits do not amount to authority or express permission to keep the obstruction in that place.</p>