Wells v. Hansen

Citations

• 97 Kan. 305
• 154 P. 1033
• 1916 Kan. LEXIS 289

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Principal and Agent — Agent Repairing Sidewalk — Liability for Agent’s Negligence — Pleadings. A cause of action against an agent for the renting of real property is stated in a petition which alleges that the agent contracted at the time of renting the property to repair a walk thereon; that afterward, being requested by the tenant to repair the walk, the agent employed a man to do the work whom he knew to be careless, negligent, and incompetent; that after some repairs had been made the agent informed the plaintiff, wife of the tenant, that the walk had been inspected and repaired and was all right and safe for her use, although after being repaired the walk was in a dangerous and unsafe condition; and that the dangerous condition of the walk caused her to fall and break her arm.</p> <p>2. Same — Agent’s Misfeasance■ — Cause of Action Stated. In such a case a cause of action is stated against the workman; where the petition alleges that the workman employed to make the repairs, after making some repairs, informed the plaintiff, the tenant’s wife, that the walk had been inspected and repaired and was all right and safe for her use; alleges that the walk after being repaired was in a dangerous and unsafe condition; and that the plaintiff was injured by reason of the defect in the walk.</p> <p>3. Pleadings — Amended Petition — Venue. A petition which fails to state a cause of action may be amended so as to make it state a cause of action, although some of the defendants may not be residents of the county in which the petition is filed and may be attacking the jurisdiction of the court because of such nonresidence.</p>