Edwards v. City of Kansas City

Citations

• 104 Kan. 684
• 180 P. 271
• 1919 Kan. LEXIS 336

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Uninsulated Electric Wires — Proximity to Telephone Wires• — Death of Boy — Telephone Company Not Liable. A telephone company is not responsible in damages for the death of a thirteen-year-old trespasser who climbs one of the company’s poles, equipped with steps for climbing, and is killed at the top of the pole by coming in .contact with an overhead, uninsulated electric-light wire placed, maintained, and operated by the city in which the company conducts its business, but over which electric-light wire the company has no control. '</p> <p>2. Negligence — Pleadings—Uninsulated Electric Wires — Death of Boy— Petition States Cause of Action. Among other things, the petition alleges that a telephone pole,, equipped with steps for climbing, was situated in the street of a city; that the city knew, or by the exercise of proper diligence should have known, that boys were in the habit of climbing the pole; that a boy who had climbed to the top of the pole was there killed by coming in contact with an overhead electric-light wire which had been negligently placed, maintained, and operated by the defendant city; and that the city had negligently permitted the electric-light wire to become uninsulated. Held, that the petition states a cause of action against the city.</p> <p>3. Same. The petition states a cause of action, not because it alleges that the telephone pole was an attractive nuisance, but because it alleges an act of negligence on the part of the city, and alleges that the city knew, or by the exercise of proper diligence should have known, that boys were in the habit of climbing the pole.</p>