Gant v. Gas Service Co.

The opinion of the court was delivered by

Smith, J.:

This was an action for injuries alleged to have been sustained when plaintiff fell into a ditch which had been made by the defendant and left without proper lights. Judgment was for the plaintiff. Defendant appeals.

The petition alleged that there was an alley between two streets in Hutchinson and that the plaintiff had excavated a ditch across this alley at right angles to the street; that the ditch was left unguarded without proper danger signals and that the plaintiff fell into the ditch and was injured.

At the close of the plaintiff’s…