Fields v. Kansas City

SPERRY, Commissioner.

Plaintiff fell into an open manhole in a public alley, in Kansas City. He sued defendant City for damages for personal injuries suffered from the fall. There was a verdict and judgment for plaintiff in the amount of $10,000 but, on motion, the Court granted a new trial for error in plaintiff’s instruction No. 1. Plaintiff appeals.

Plaintiff testified to the effect that, in the evening of Sept. 5, 1956, at about 8:00 P. M., while it was daylight, he parked his car in a parking lot located south of 13th St., on the alley where the accident occurred; that he had previously…