Holitza v. City of Kansas

The opinion of the court was delivered by

JOHNSTON, C. J. :

Frank Holitza and his wife were injured by reason of an unprotected excavation in one of the much-traveled streets in Kansas City, and he brought this action to. recover the damages so sustained. After the plaintiff's testimony was received, the court, on a demurrer, held the evidence to be insufficient to establish a cause of action, the insuffi-ciencybeing the lack of notice to the city of the defect in the street. The case comes to us on a record wherein the following facts are recited :

“There was no evidence to show that the…