Dargatz v. City of Dodge City

The opinion of the court was delivered by

Smith, J.:

This was an action for damages alleged to have been sustained by plaintiff falling over a depression in the parking between the sidewalk and the curb in Dodge City. The general demurrer of the defendant to the petition of plaintiff was overruled. Defendant stood upon the demurrer, and appeals.

After alleging that defendant was a city of the second class and that it maintained a street called First avenue, the petition alleged that on the 9th day of July, 1937, about ten o’clock in the evening at a point between the curb and the sidewalk about…