Bennett v. Citizens State Bank

Citations

• 100 Kan. 90
• 163 P. 625
• 1917 Kan. LEXIS 268

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Personal Injuries — Basement Stairway — Contributory Negligence— Question of Fact. Whether plaintiff was negligent in stepping from a sidewalk during the nighttime, into a basement stairway is a question of fact and not of law.</p> <p>2. Negligence — Basement Stairway — Personal Injuries — Liability of Lot Owner. One who creates a pitfall or excavation so near a public highway as to endanger persons lawfully using the highway is liable for an injury sustained by one who without fault falls therein while attempting to follow the highway.</p>