Kirkham v. City of Kansas City

Citations

• 89 Kan. 651
• 132 P. 160
• 1913 Kan. LEXIS 92

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>PERSONAL INJURIES — Dangerous Approach to Sidewalk — Negligence for the Jury. The testimony fairly tended to show: A sidewalk along the west side of Seventeenth street between Quindaro boulevard and Yecker avenue was .laid twelve to eighteen inches lower than the surface of the ground on either side in order to bring it to the established grade. The parking extended five feet west to the street line. The walk had been in this condition for several weeks. A tent meeting had been in progress a short distance west of Seventeenth street for nine days or more, attended daily by from fifteen to seventy-five or a hundred persons. The weeds had been cut or topped, thus marking a route by which these persons went from the tent to the sidewalk. While returning along this route with others from the services on the evening in question the plaintiff’s wife fell upon the walk where such route entered the same from the' parking on the west thereof, and was injured. No lights, barriers or other means had been provided by the city to protect against accident or injury at the place mentioned. Held, sufficient to go to the jury and to support a general verdict in favor of the plaintiff. •</p>