Dunfee v. City of Iola

The plaintiff was seriously injured by a fall on a sidewalk. She alleged negligence against the city and recovered a small judgment, from which the city has appealed.

The defect in the sidewalk consisted in a gas stop box. which stood about an inch and a quarter above the surface of the walk. It had a cover or top projecting from it which caught the toe of plaintiff’s shoe and caused, her to fall. The petition stated a cause of action and was not subject to demurrer. The plaintiff testified that she had been over the walk a number of times and had seen the stop box, but had not paid particular…