City of Topeka v. Sherwood
Supreme Court of Kansas
Error from, Shawnee Superior Court. Action by Sherwood against The City, to recover damages for personal injuries. Trial at the September term, 1886, and verdict for plaintiff for $2,035; new trial denied defendant, and judgment in accordance with the verdict for the plaintiff. The defendant City brings the case to this court. The facts, so far as they are material, are stated in the opinion.
1Opinion of the Court
*691Opinion by
Holt, C.:
This is an action for damages for personal injuries alleged to have been sustained by the defendant in error by reason of a fall on a sidewalk on Laurent street, Topeka, on the 25th day of December, 1884. In 1883, the First Congregational church put down a sidewalk in front of its lot on Laurent street. It was built of oak plank which came off the bridge over the Kansas river. The planks were warped and of uneven thickness, having been worn from use on the bridge, and were so hard that when the sidewalk was laid down they were not all nailed through into the sleepers or…
2Cases cited13 opinions
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- City of Delphi v. LoweryIndiana Supreme Court · 1881
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- Smith v. City of SeattleWashington Supreme Court · 1903
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