Jenree v. Metropolitan Street Railway Co.

Citations

• 86 Kan. 479
• 121 P. 510
• 1912 Kan. LEXIS 322

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Personal Injuries — Defective Sidewalk — Maintenance Assumed by Street Railway — Liability to Pedestrian. A city ordinance granted to a street railway company the right to construct, maintain and operate its railway over a viaduct forming a part of a street in the city. One of the conditions was that the railway company should repair and maintain in good condition and safe,for public travel all parts of the viaduct. The ordinance was accepted, and the railway was con- ' structed and operated. A sidewalk forming a part of the structure, but not the part used by the railway company, was suffered to become out of repair and unsafe for use, in consequence of which the plaintiff, while traveling on the sidewalk, was injured. Held, the plaintiff may recover directly from the railway company the damages resulting from the injury.</p> <p>2. - Ordinance that Railway Company Shall Respond to City — Joint Liability. The ordinance further provides that the railway company shall respond to the city and save it harmless from damage resulting from acts and negligence of the railway company. Held, this provision of the ordinance merely secures to the city the right to be reimbursed in the event that its own liability, which under the law still exists, shall be enforced. It does not confine the railway company’s liability to the city alone.</p>