City of Kansas City v. Gilbert

Citations

• 65 Kan. 469
• 70 P. 350
• 1902 Kan. LEXIS 75

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>City and City Officers — Injuries from Electric Wire — Liability for Damages.' Assuming, but not deciding, that a city policeman is a mere peace officer of the state, and not an agent of the municipality, competent in the lack of statute or ordinance to charge the latter with responsibility for his negligence in failing properly to remove dangerous obstructions to street travel, or to guard the public against them, yet, if a city negligently allows a broken and suspended electric wire to remain upon the sidewalk after falling down, it will be liable for injuries following the negligent act of a policeman in so moving the wire as to constitute it a conductor of the electric current from above, and in failing to guard or warn passers-by against it, not because of the policeman’s negligent performance of a legally imposed duty, but because of its own negligence in allowing the wire to remain down, exposing the public to the hazard of its being so misplaced or meddled with as to do harm.</p>