Fletcher v. City of Ellsworth
Supreme Court of Kansas
Error from Ellsworth District Court. On the 7th day of June, 1889, Kate Fletcher brought her-action against the City of Ellsworth to recover $10,000 damages for injuries by her sustained from falling, in the night of the 9th of November, 1888, into a cellar way or opening, which was located in an alley in Ellsworth, on the west side-of a building known as the “ Masonic temple.”
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Error from Ellsworth District Court. On the 7th day of June, 1889, Kate Fletcher brought her-action against the City of Ellsworth to recover $10,000 damages for injuries by her sustained from falling, in the night of the 9th of November, 1888, into a cellar way or opening, which was located in an alley in Ellsworth, on the west side-of a building known as the “ Masonic temple.” On November 9, 1888, there was a ball or party at the Masonic temple,, and a Mrs. Lincoln was hired to do some work at the party. She asked Mrs. Fletcher if she would go with her and help. A trial was had at the…
1Opinion of the Court
The opinion of the court was delivered by
HoetoN, C. J.:
In this state, a city is liable for any injury to private individuals caused by the negligence of its officers *763in not keeping its streets in a reasonably safe and proper condition, and a city has no more right to create or permit an unsafe and dangerous condition of one of its streets than it has to create or permit a public or common nuisance. (Smith v. City of Leavenworth, 15 Kas. 81; City of Eudora v. Miller, 30 id. 494; Gould v. City of Topeka, 32 id. 485, and cases-cited.)
The dedication of an alley, in this state, has the same force…
2Cases cited14 opinions
- U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869
- Brown v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1883
- Corlett v. City of LeavenworthSupreme Court of Kansas · 1882
- Wolf v. WasherSupreme Court of Kansas · 1884
- Christie v. BarnesSupreme Court of Kansas · 1885
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Schoof v. ByrdSupreme Court of Kansas · 1966
- Uhlrig v. ShorttSupreme Court of Kansas · 1964
- City of Kansas City v. OrrSupreme Court of Kansas · 1900
- Blankenship v. City of CaneySupreme Court of Kansas · 1939
- Johnson v. City of GalenaSupreme Court of Kansas · 1947
1 more not listed; retrieve them via the Exa API.