City of Ottawa v. Washabaugh
Supreme Court of Kansas
Error from Franklin District Court. Action by Mrs. Washabaugh to recover damages for art injury sustained by means of a defect in the sidewalk on Oak street in the city of Ottawa. Plaintiff claimed that it was the duty of defendant to construct and maintain a good and sufficient sidewalk at the place designated, but negligently suffered said walk to become and remain in an unsafe condition, etc. The action was tried at the August Term 1872 of the district court.
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Error from Franklin District Court. Action by Mrs. Washabaugh to recover damages for art injury sustained by means of a defect in the sidewalk on Oak street in the city of Ottawa. Plaintiff claimed that it was the duty of defendant to construct and maintain a good and sufficient sidewalk at the place designated, but negligently suffered said walk to become and remain in an unsafe condition, etc. The action was tried at the August Term 1872 of the district court. Judgment for the defendant. The court set such judgment aside, and granted a new trial, and from this last order the cjty appeals,…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
It is our opinion that a petition in error will lie in the supreme court, to reverse an erroneous order of the district court which grants a new trial, although the action may still be' pending undisposed of in the district court; (Civil code, § 542;) but we do not think that any such erroneous order has been made in this case. The new trial was granted in favor of the plaintiff below, .(defendant in error,) and it is claimed by plaintiff in error that the order granting the same was erroneous, first, because the petition below did not…
2Cases cited1 opinion
- Field v. KinnearSupreme Court of Kansas · 1869
3Cited by8 opinions
- Jansen v. City of AtchisonSupreme Court of Kansas · 1876
- A. T. & S. F. Rld. Co. v. BrownSupreme Court of Kansas · 1881
- Brown v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1883
- Clement, Bane & Co. v. HartzellSupreme Court of Kansas · 1899
- Hunt v. HainesSupreme Court of Kansas · 1881
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