City of Holton v. Hicks

The opinion of the court was delivered by

McElroy, J. :

This action was brought in the district court of Jackson county by Maggie M. Hicks against the city of Holton to recover damages for personal injuries which she alleged she had sustained by *180reason of a defective sidewalk'on one of the streets of the city.

The amended petition alleged that the sidewalk in •question was about twelve feet wide, constructed many years before by parties unknown to plaintiff; that there was an area way underneath the sidewalk constructed about the same time; that coal holes or openings were constructed in said…