Legal Opinion

Fletcher v. City of Ellsworth

Supreme Court of Kansas

Decided July 15, 1894PublishedCited by 6 opinions

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.”

Read the full summary

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

  1. U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869
  2. Brown v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1883
  3. Corlett v. City of LeavenworthSupreme Court of Kansas · 1882
  4. Wolf v. WasherSupreme Court of Kansas · 1884
  5. Christie v. BarnesSupreme Court of Kansas · 1885

9 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Schoof v. ByrdSupreme Court of Kansas · 1966
  2. Uhlrig v. ShorttSupreme Court of Kansas · 1964
  3. City of Kansas City v. OrrSupreme Court of Kansas · 1900
  4. Blankenship v. City of CaneySupreme Court of Kansas · 1939
  5. Johnson v. City of GalenaSupreme Court of Kansas · 1947

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API