Legal Opinion

City of Emporia v. Schmidling

Supreme Court of Kansas

Decided January 15, 1885PublishedCited by 26 opinions

Error from Lyon District Court ActioN by Schmidling against The City of Emporia, to recover for personal injuries resulting from a defective sidewalk. Trial at the March Term, 1884, and judgment for the plaintiff for $1,000. The City brings the case here. The opinion states the material facts.

1Opinion of the Court

The opinion of the court was delivered by

JohnstoN, J.:

Maria L. Schmidling brought an action in the district court of Lyon county against the city of Emporia, to recover for personal injuries resulting from a defective sidewalk on one of the streets within the corporate limits of that city. It appeal’s that on the 19th of July, 1883, as the plaintiff was traveling over the sidewalk on the east side of Merchants street, a loose board which formed a part of the walk was stepped upon by another person, one end of which tipped up and was thrown suddenly and violently against the plaintiff’s foot…

2Cases cited1 opinion

  1. Corlett v. City of LeavenworthSupreme Court of Kansas · 1882

3Cited by26 opinions

  1. Samples v. City of AtlantaSupreme Court of Georgia · 1894
  2. Langan v. City of AtchisonSupreme Court of Kansas · 1886
  3. Taggart v. City of Kansas CitySupreme Court of Kansas · 1943
  4. Foster v. University Lumber Co.Oregon Supreme Court · 1913
  5. Huxol v. NickellSupreme Court of Kansas · 1970

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