Feldkamp v. City of Kansas

Citations

• 68 Kan. 479
• 75 P. 464
• 1904 Kan. LEXIS 131

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cities and City Oeeicers — Defective Viaduct — Contributory Negligence. A viaduct was in a condition that it was unsafe for teams and vehicles, but not for pedestrians. Its entrance was guarded by a barricade easily passed by pedestrians, and was passed by them in large numbers for a long time. Subsequently the viaduct became dangerous for the passage of persons on foot, but there was no additional warning of this changed condition given at the entrance. Held, that the court cannot say, as a matter of law, that the barricade was sufficient warning to charge with contributory negligence one who, without knowledge of the increased danger, went upon the viaduct and was injured.</p> <p>2. - Sufficiency of Warning a Question for the Jury. The sufficiency of the barricade as a warning of the dangerous condition of the viaduct was, under all the circumstances, a question of fact, and should have been submitted to the jury.</p>