Schaubel v. City of Manhattan

Citations

• 102 Kan. 430
• 170 P. 984
• 1918 Kan. LEXIS 59

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Unguarded Excavations in City Street — Child Drowned. When a city street which is little used for travel, and in which the children of the adjacent residents, are accustomed to play, is torn up with excavations for laying a water main and lateral connections, and the excavations become filled with rain water, it is the duty of the city to exercise reasonable care to keep the children from going into the street to wade and play, and thus to prevent them from being drowned in such flooded excavations; and the question whether the city has exercised such reasonable care is ordinarily for the jury’s determination.</p> <p>2. Same. A three-year-old child was drowned in a flooded ditch in a street not much used for travel, but much used as a playground for children. The parents knew of the existence of the street excavations in front of their residence, and that the excavations were filled with rain water, and that their child was in danger of drowning therein, and diligently watched their child and tried to keep her off the street, but' during a few minutes when the attention of the parents was diverted to domestic duties, the child eluded their vigilance and rail out into the street to wade and play, and was drowned. Held, that in an action brought by the parents against the city for the wrongful death of the child, the question of the parents’ contributory negligence was one for the jury’s determination.</p> <p>3. Same — Judgment Not Excessive. A judgment for $3,500 against a city for the wrongful death of a three-year-old child is not excessive to such an extent as to warrant its reduction by an appellate court.</p>