Potter v. Rorabaugh-Wiley Dry Goods Co.

Citations

• 83 Kan. 712
• 112 P. 613
• 1911 Kan. LEXIS 222

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Evidence — Burden of Proof — Negligence—Injury to Pedestrian. It is the duty of one who projects or maintains an awning over a street to keep it from becoming dangerous to pedestrians lawfully upon the street; and where it appears that an awning, or a part of it, fell and injured the plaintiff while she was passing along the street, the burden is cast upon the defendant, to whose building the awning was attached, to prove that all proper and reasonable care had-been employed in the construction and maintenance of the awning.</p>