City of Topeka v. Central Sash & Door Co.

Citations

• 97 Kan. 49
• 154 P. 232
• 1916 Kan. LEXIS 218

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Defective Sidewalk — Defeat Caused by Abutting Property Owner— Liability. Where a city has been held liable for injuries sustained by a person lawfully using a defective sidewalk the city can recover from an abutting property owner whose active fault caused the defective sidewalk.</p> <p>2. Same. The liability of an abutting property owner whose active fault caused a defective condition in a sidewalk does not depend on that liability being fixed by ordinance or by notice to repair.</p>