Mulvane v. City of South Topeka

Opinion by

Green, C..:

The plaintiff in error instituted this suit in the district court of Shawnee county, to recover damages from the city of South Topeka for a failure to place danger signals at a point where a well-traveled way, which had been used, as he claimed, for more than fifteen years by the traveling public, although not a regularly laid-out road, intersected a street of such city which had been excavated a distance of some four or five feet below the surface across such traveled way.

At the April term, 1888, the case was tried by a jury, and resulted in favor of the city. The…