Dusky v. Kansas City, Missouri

Plaintiff fell on a public sidewalk in the defendant city, breaking one of the bones of his right leg. He brought this action seeking to recover damages for the injury which he alleges was caused by the negligence of the defendant in failing to exercise ordinary care to maintain the sidewalk in a reasonably safe condition for travel thereon by pedestrians. The cause was tried to the court and jury and plaintiff had a verdict and judgment in the sum of $3000. The defendant has appealed.

The sufficiency of the petition is not questioned nor is it claimed that the evidence, aside from the…