Dallas v. City of Concordia

Citations

• 84 Kan. 734
• 115 P. 558
• 1911 Kan. LEXIS 408

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Unguarded Cellarway in Public Street. A city which knowingly permits a deep cellarway to remain open and unguarded in a public alley, a few feet from a principal street, is responsible in damages to one who in the darkness of night and without negligence falls therein.</p> <p>2. -Instructions Not Erroneous. Where certain facts, if established, necessarily show negligence on the part of the defendant, it is not error for the court to instruct the jury that if they find such facts as alleged to be true that they , should find for the plaintiff, unless the plaintiff is shown to have been guilty of contributory negligence, in which case the plaintiff can not recover.</p>