City of Chanute v. Higgins

The opinion of the court was delivered by

Greene , J.:

Lina Higgins recovered j udgment against the city of Chanute for injuries alleged to have been sustained by falling into the entrance of an unguarded cellar-way opening in the sidewalk of one of the principal streets of the city.

It appears from the pleadings and admissions that the city of Chanute pretended to grant Jones Brothers, their heirs and assigns, the right to excavate on the. west side of Main street, adjoining lot 1, block 2, in said city, a cellar-way not exceeding four feet in *681width or thirty feet in length and to maintain…