Tavis v. City of Kansas City

The opinion of the court was delivered by

Johnston, C. J.:

The two sons of appellees were drowned in a pool four feet deep in Jersey creek, a natural watercourse which runs through the city of *548Kansas City and empties into the Missouri river. Where Jersey creek crosses. Thirteenth street the city had made a fill, and had also built a culvert, leaving an opening for the passage of water, seventy feet long, fifteen feet high and eight feet wide, and the pool was on the grounds of a private owner near the end of the culvert. In appellees’ petition it was alleged that because of the height of the…