City of Garnett v. Smith

Citations

• 72 Kan. 664
• 83 P. 615
• 1905 Kan. LEXIS 392

Syllabus

<p>1. Petition — Personal Injury — Allegations Sufficiently Definite. The allegations of a petition in an action against a city for damages resulting from a defective sidewalk held to be sufficiently definite as to the place where plaintiff received his injuries, and as to their nature and extent.</p> <p>2. Municipal Corporations — Defective Sidewalk — Contributory Negligence. It was held not to be contributory negligence per se for one to walk upon a sidewalk which he knows is defective.</p> <p>3. Practice, District Court — Instructions. It was held not error to refuse to give proper instructions requested by the defendant, because the court gave other instructions that properly stated the law as to the points involved.</p>