Evans v. City of Hutchinson

Citations

• 99 Kan. 477
• 162 P. 342

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Defective Sidewalk — Injuries—Evidence. In an action for an injury alleged to have been caused by a defect in a sidewalk,'an objection to evidence as to the condition of the walk after the accident held not to be well taken, because there was room for an inference that no change in that respect had taken place, and because the specific objection had not been urged at the trial.</p> <p>2. Same — Defective Sidewalk — Negligence Question of Fact. It can not be said as a matter of law that a city is not liable for an injury to a pedestrian resulting from a fall due to a depression in a sidewalk caused by the scaling off of the cement crust over a space two feet long and six inches wide, although its depth is found to be about half an inch.</p> <p>3. Same. Nor can it be said as a matter of law that the existence of such a defect for a period of several years was not a sufficient basis for charging the city with notice of its existence.</p> <p>4. Same — Instructions. The instructions in such ease held to have suffi • ciently defined the duty of the city.</p> <p>5. Same — Special Questions. The answer to a special question held to be sufficiently responsive.</p> <p>6. Same — Evidence. The evidence held to support the verdict.</p>