Rogers v. City of CoffeyVille

Citations

• 95 Kan. 171
• 147 P. 816
• 1915 Kan. LEXIS 188

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Dangerous Excavation in Street — Water Main — Neglect of Construction Company to Properly Light and Guard — Primary Duty of City to Keep Its Streets Reasonably Safe for Travel — Personal Injuries — Liability of City. In executing a contract with a city to lay a water main a construction company made an excavation in a street, which was not properly lighted or guarded at night, in consequence of which a pedestrian was injured. Held, the duty of the city to keep the street reasonably safe for travel was primary and independent of that of the construction company, its liability did not depend on the doctrine of respondeat superior, and a verdict in favor of the construction company did not impair the effect of a verdict against the city returned by the same jury.</p>