City of Cherryvale v. Studyvin

Citations

• 76 Kan. 285
• 91 P. 60
• 1907 Kan. LEXIS 251

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Municipal Corporations — Construction of Public Works— Necessity Does Not Excuse Negligence. The fact that a work of municipal improvement being carried on by the municipality is of public benefit, or even a public necessity, does not exempt the municipality from liability for damages caused by negligence in the prosecution thereof.</p> <p>'2. - Alleys — -Construction of Sewers. A city of the second class has control of the alleys therein and has the right to extend sewer§ under such alleys.</p> <p>.3. - Injury to Building by Blasting — Burden of Proof. Where the owner of a building abutting upon an alley through which the city is causing a ditch to be blasted for a sewer claims damages to his building by reason thereof, it is incumbent upon him to allege and prove that his building was damaged by exploding unnecessarily powerful blasts — that his injury is the result of negligence and not incidental to a careful prosecution of the work done with due regard to the place and surroundings.</p>