Wiens v. Ebel

Citations

• 69 Kan. 701
• 77 P. 553
• 1904 Kan. LEXIS 321

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Personal Injuries—Defective Sidewalk—Contributory Negligence a Question for the Jury. The owner of property abutting on a city street dug a ditch across a cinder sidewalk in front of his premises and left it unguarded. A woman on her way to church in the evening, when it was still light, saw the ditch and stepped over it. On her return home there were many teams in the street adjacent to the walk, and the night was dark and rainy. She looked for the place where the obstruction was located but failed to see it, and fell into it and was injured. In an action against the property-owner to recover damages by reason of the accident, held, that the question of her contributory negligence was for the jury.</p>