Klipp v. City of Hoyt

Citations

• 99 Kan. 14
• 160 P. 1000

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Cities—Not Mandatory to Give Controlling Weight to Judgment of City Officials in Case of Doubt — Question for Jury. In an action against a city for personal injuries predicated on a breach of the duty to maintain an improved street in a condition reasonably safe for public use, the court and jury are not required, as a matter ' of law, to give controlling weight to the judgment of the city officials in planning and constructing the improvement whenever it is so doubtful whether or not the improvement was dangerous that different minds might entertain different opinions regarding the matter.</p> <p>2. Same — Contributory .Negligence — Properly Submitted to Jury. The evidence examined and held sufficient to warrant submitting to the jury the issues respecting the negligence of the city and the contributory negligence of the plaintiff.</p>