City of Atchison v. Mayhood

The opinion of the court was delivered by

Mason, J.:

This is a proceeding to review a judgment against the city of Atchison for damages alleged to have been occasioned by the neglect of the city to *673keep a street in proper condition for the use of foot-passengers. The plaintiff had verdict and judgment for $750, and the city prosecutes error.

The essential facts, as disclosed by the petition and evidence, were substantially as follows : At the place of the alleged defect the sidewalk area had not been paved or improved, but for soxhe years there had been in general use a path running the length…