Spear v. City of Wichita

The opinion of the court was delivered by

Hopkins, J.:

The defendant appeals from a judgment of $500 recovered by plaintiff'for injuries sustained while working in one of defendant’s parks. The plaintiff was a workman employed in grubbing out and cutting up large trees. He and another workman were sawing a large limb when it unexpectedly fell on his leg causing the injury.

The contentions of defendant are:

1. That the action, if any, should be against the board of park commissioners and not against the city’ of Wichita.

2. That judgment should have been rendered for the defendant.

The defendant…