Legal Opinion

City of Osage City v. Larkin

Supreme Court of Kansas

Decided July 15, 1888PublishedCited by 23 opinions

Error from Osage District Court. ActioN by Margaret LarJdn, a minor, by ber next friend, Peter Larkin, against The City of Osage Oity and Asher Adams, to recover damages for personal injuries. On the 24th day of August, 1883, plaintiff received the injury for which this action was brought.

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Error from Osage District Court. ActioN by Margaret LarJdn, a minor, by ber next friend, Peter Larkin, against The City of Osage Oity and Asher Adams, to recover damages for personal injuries. On the 24th day of August, 1883, plaintiff received the injury for which this action was brought. She was on her way from her father’s house in Osage city in an adjoining block, to pick up cobs and coal alongside the track of the A. T. & S. P. railroad, near the elevator of Adams, one of the defendants. She carried a sack in which to gather the cobs and coal, one end of which was wound around her arm,…

1Opinion of the Court

Opinion by

Holt, C.:

Both of the defendants allege several errors at the trial. We will premise this opinion by stating that under the facts in the case as shown by the record, if the city is liable by reason of its negligence in permitting the tumbling-rod of defendant Adams to remain as an obstruction in an alley, then he would also be liable. Of the many assignments of error, the only ones we care to notice are those referring to the rulings upon the admission and rejection of evidence, and the instructions to the jury relating to the question whether the place where the little girl was hurt…

2Cited by23 opinions

  1. Rowell v. City of WichitaSupreme Court of Kansas · 1947
  2. Fishburn v. Burlington & Northwestern Railway Co.Supreme Court of Iowa · 1905
  3. Burroughs v. City of CherokeeSupreme Court of Iowa · 1906
  4. Sowadzki v. Salt Lake CountyUtah Supreme Court · 1909
  5. City of Richmond v. SmithSupreme Court of Virginia · 1903

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