Turner v. City of Wichita

The opinion of the court was delivered by

Thiele, J.:

This was an action for damages.

The petition alleged that the city of Wichita failed to use reasonable diligence to ascertain whether trees in and along its streets were safe and to remove decayed and dead branches thereof liable to fall upon travelers in the street, and that on October 18, 1932, about 10 p. m., plaintiff's son, while proceeding eastward on the sidewalk on the north side of Murdock avenue, just east of its intersection with Lawrence avenue, was struck by a falling limb from a *776tree located in the street slightly north of the…