Miller v. Kansas City

HOUSER, Commissioner.

Kansas City has appealed from a judgment for $50,000 rendered on a jury verdict in favor of Leona Miller in her action for damages for personal injuries sustained in a fall on a public sidewalk.

The city’s first point is that plaintiff failed as a matter of law to make a sub-missible case of actionable negligence. Its first contention is that the alleged defect was so slight and trivial that it could not reasonably be anticipated that such a variation in the surface of the sidewalk would likely cause injury to pedestrians.

Plaintiff, age 67, was walking on the south…