City of Wyandotte v. White
Supreme Court of Kansas
Error from Wyandotte District Court. Mrs. White brought her action against The City of Wyandotte for personal injuries sustained by reason of a fall occasioned by defects in a bridge over which she was passing, said bridge being a portion of Third street, and a public highway in the city of Wyandotte. Trial at the December Term 1872 of the district court.
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Error from Wyandotte District Court. Mrs. White brought her action against The City of Wyandotte for personal injuries sustained by reason of a fall occasioned by defects in a bridge over which she was passing, said bridge being a portion of Third street, and a public highway in the city of Wyandotte. Trial at the December Term 1872 of the district court. The third instruction to the jury at plaintiff’s request was as follows: “3d.-The plaintiff’s right to recover is not affected by her. having contributed to her injuries unless she was in fault in so doing.” Verdict and judgment for…
1Opinion of the Court
The opinion of the court was delivered by
Bbeweb, J.:
This was an action for damages for personal injuries. The facts as claimed are that defendant in error crossing Third street bridge in the city of Wyandotte was startled by a runaway horse, and stepping quickly one side to avoid him slipped her foot into a hole in the bridge, was thus thrown down, and injured. The jury found for the defendant in error, and assessed her damages at $1,200.
1„ _ , ,. facts of case. *1952 contributory negligence. *194The first error complained of is the giving of this instruction asked for by plaintiff: “The plaintiff's…
2Cited by17 opinions
- Jansen v. City of AtchisonSupreme Court of Kansas · 1876
- West Construction Co. v. Atlantic Coast Line Railway Co.Supreme Court of North Carolina · 1923
- Terryll v. City of FaribaultSupreme Court of Minnesota · 1901
- Missouri Pacific Railway Co. v. HolleySupreme Court of Kansas · 1883
- Mackay v. Salt Lake CityUtah Supreme Court · 1905
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