City of Emporia v. Juengling

William Juengling was injured by falling from a dray on which he was riding in a street of Emporia. He brought an action against the city for damages, claiming that his fall was occasioned by a wheel striking the cover of a manhole which had been negligently permitted to project about eight inches *596above the level of the highway. He recovered judgment, and the defendant prosecutes error.

It is contended that there was no evidence of negligence on the part of the city, but the argument in support of this contention goes rather to the credibility of the testimony given by one of the plaintiff’s…