Rainey v. City of Lawrence

Citations

• 70 Kan. 518
• 79 P. 116
• 1905 Kan. LEXIS 4

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cities and City Officers— Personal Injuries — Instructions. In an action against a city for an injury caused by a defect in a sidewalk, where there is no evidence that would justify a finding that the plaintiff knew of the existence of the defect, or by the exercise of ordinary diligence might have known of it, it is error to instruct the jury as to the degree of care required of one using a walk knowing it to be defective.</p> <p>2, - Unsupported Finding of Notice of Defect. In such a case, where the defect complained of was a small hole in the walk and a slight irregularity in the blocks of stone of which it was composed, and the plaintiff had no opportunity to learn of the existence of such defect except by seeing the condition of the walk at the time of, or a few moments before, the accident, which occurred on a dark night, there being no evidence of any artificial illumination except that afforded by a dim light at the head of an adjacent stairway, a finding that defendant knew of the defect, or in the exercise of' ordinary care might have known of it, would not be justified.</p>