Rogers v. City of CoffeyVille

The opinion- of the court was delivered by

Burch, J.:

The city of Coffeyville let a contract to a construction company to lay a water main. In executing the contract the construction company made an excavation in a street which it did not properly light or guard. While using the street at night the plaintiff fell into the excavation and was injured. An action for damages resulting from the injury was instituted against the city and the construction company. The action proceeded to trial against both defendants, and a verdict was returned against the city and in favor of the construction…