Maultby v. City of Leavenworth

The opinion of the court was delivered by

Brewer, J.:

This is an action brought by plaintiff in error (plaintiff below), to recover of the city of Leavenworth for damages sustained in consequence of a defective sidewalk. Passing by the formal parts, the petition alleges as follows:

“And plaintiff further avers that in the months of Novem*746ber and December, 1880, said defendant did willfully, knowingly and negligently, let and permit said sidewalk on said Sixth street, between said Choctaw street and the bridge over said Three-mile creek, in said city, to get out of repair and to be and so remain…