Biby v. City of Wichita

The opinion of the court was delivered by

Hoch, J.:

This was an action to recover damages for personal injuries. The plaintiff alleged that she was injured as the result of a fall on a public sidewalk in Wichita, her fall being caused by catching her heel on the edge of a fiat piece of steel which was lying loose upon the sidewalk.

The original parties defendant were the owner of the building which abutted the sidewalk, the lessee and occupant of the building, and the city of Wichita. Prior to trial the plaintiff agreed to withdraw the action as against the lessee and occupant. At the close of…