Legal Opinion

Jansen v. City of Atchison

Supreme Court of Kansas

Decided January 15, 1876PublishedCited by 60 opinions

Error from Atchison District Court. Action by Jansen, to recover damages for personal injuries. His petition alleged that in August 1873, while lawfully, and without any negligence on his part, walking along and over the sidewalk on Commercial street in the city of Atchison, said walk broke through, and precipitated plaintiff into an area under the walk, causing great and permanent injury to his person, etc.

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Error from Atchison District Court. Action by Jansen, to recover damages for personal injuries. His petition alleged that in August 1873, while lawfully, and without any negligence on his part, walking along and over the sidewalk on Commercial street in the city of Atchison, said walk broke through, and precipitated plaintiff into an area under the walk, causing great and permanent injury to his person, etc. Other statements of his petition, the defenses set up by the defendants, and the material facts, sufficiently appear in the opinion, infra. Trial at the June Term 1874 of the district…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

statement of the case. In September 1873, the plaintiff in error, George Jansen, commenced his action against the city of Atchison and A. G. Otis to recover damages in the sum of ten thousand dollars, by reason of personal injuries received plaintiff on August 10th 1873, through defects in a sidewalk of one of the public streets of the city of Atchison. Jansen alleged that said injuries were *379occasioned by defendants’ negligently constructing a sidewalk on Commercial street, and by the said defendants negligently permitting the said defects…

2Cases cited13 opinions

  1. Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
  2. City of Detroit v. BlackebyMichigan Supreme Court · 1870
  3. Weightman v. Corporation of WashingtonSupreme Court of the United States · 1862
  4. Davenport v. . RuckmanNew York Court of Appeals · 1868
  5. City of Ripon v. BittelWisconsin Supreme Court · 1872

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3Cited by60 opinions

  1. City of Rochester v. . CampbellNew York Court of Appeals · 1890
  2. Schmeck v. City of ShawneeSupreme Court of Kansas · 1982
  3. Harper v. City of TopekaSupreme Court of Kansas · 1914
  4. City of Denver v. DunsmoreSupreme Court of Colorado · 1884
  5. Norton v. City of St. LouisSupreme Court of Missouri · 1888

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