Perry v. City of Independence

The opinion of the court was delivered by

Allen, J.:

This case presents the question of the immunity of a municipal corporation from liability for a tort.

The petition alleges that under the direction of the superintendent of the municipal waterworks system of the defendant city “there was dug a ditch about 30 feet long and about 5 feet deep and four (4) feet wide, from near the north property line of East Locust street to the north curb line thereof, and that said ditch was located at a point about twelve (12) feet west of the west curb line of Fifteenth street. That at or near the north end of…