City of Erie v. Phelps
Supreme Court of Kansas
Error from Crawford District Court. Action by 0. J. Phelps, as administrator of the estate of David Wilson, deceased, against the city of Erie, to recover damages for personal injuries. Judgment for plaintiff for $5,000. Defendant brings the case to this court. The opinion', filed November 9, 1895, states the facts.
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.: On January 8, 1890, when David Wilson was passing along one of the principal streets near the business center of the city of Erie, a heavy wooden awning, which projected over the sidewalk *136and was supported only by brackets, fell upon Mm, causing serious and permanent injury. There was a partial dislocation of the spinal column, the lower portions of the vertebree were pulled apart, and the muscles and tendons of the back were badly ruptured and bruised. The city having refused, upon demand, to compensate him for the injury, he brought an…
2Cases cited2 opinions
- Eubank v. City of EdinaSupreme Court of Missouri · 1886
- Mo. River, Fort Scott & Gulf Railroad v. ShirleySupreme Court of Kansas · 1878
3Cited by3 opinions
- The Town of Norman v. TeelSupreme Court of Oklahoma · 1902
- City of Louisville v. LenehanCourt of Appeals of Kentucky · 1912
- Phelps v. LodgeSupreme Court of Kansas · 1899