Malchow v. City of Leoti

Citations

• 95 Kan. 787
• 149 P. 687
• 1915 Kan. LEXIS 293

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cities — Nuisance—Merry-go-Bound on Public Street — Personal Injuries — Liability of City- — Contributory Negligence. The defendant city had no right to permit its streets to be occupied by a merry-go-round, guy ropes, cable, engine, tank, fuel, and a baby rack, and such obstructions constituted a public nuisance rendering the city liable to a person injured thereby unless so careless as to be held responsible himself for such injury.</p> <p>2. Same. Such use of the streets with the knowledge and assent of the city for the partial benefit of the commercial club amounted to an invitation to the public to patronize the attraction, and one who in passing along the street thus occupied stopped for from 'one to five minutes near the engine, and was injured by the explosion of its lubricating glass, is entitled to recover unless it appear from all the facts and circumstances that he failed to exercise such care as ordinarily cautious and prudent persons would have used under like circumstances.</p>