Dixon v. Missouri Pacific Railway Co.

Citations

• 104 Kan. 404
• 179 P. 548
• 1919 Kan. LEXIS 279

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Defective Sidewalk — No Part of an “Approach to a Railroad Crossing” — Liability of Abutting Lot Owner. The evidence is held not to support a finding that a sidewalk was to be regarded as an approach to a railroad crossing in such sense as to make the railway company (which owned the abutting property) liable for its being kept in repair by virtue of the statute requiring highways crossed by railroads to be restored to such condition as to be fit for travel.</p> <p>2. Same — City Ordinance — Duty of Owner of Abutting Property to Make Repairs — Liability for Injuries. An ordinance which requires the abutting owner to repair sidewalks which become dangerously defective, and authorizes the city to make such repairs at his charge if he fails to do so within ten days of the receipt of an official notice of what has been determined to be necessary; does not render such owner liable to a pedestrian who is injured by reason of a defect in the walk.</p> <p>3. Same. Liability of the owner of the abutting property to persons injured by reason of the defective condition ■ of a sidewalk does not arise from his having previously repaired defects.</p>