Harper v. City of Topeka

Citations

• 92 Kan. 11
• 139 P. 1018
• 1914 Kan. LEXIS 157

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. City Park — Maintenance Thereof a Governmental Function. The maintenance of a park by a city for the sole benefit of the public, and not for any profit or benefit to, the municipal corporation, is a governmental or public function.</p> <p>2. Petition — Allegations Therein Admitted by Demurrer. The allegations of the petition generally, and especially as to the physical conditions of the pond in the park, are, by the demurrer, admitted.</p> <p>3. Pond — In Public Park — Not an “Attractive Nuisance.” The pond as described, being a reproduction of a natural pond, is not an attractive nuisance.</p>