John T. Arnold Associates, Inc. v. City of Wichita

Swinehart, J.:

This is an appeal from a jury verdict in favor of the defendant City of Wichita, returned in an action for damages sustained as a result of a broken water main. The plaintiffs contend the trial court erred (1) by refusing to instruct the jury on the doctrine of res ipsa loquitur, (2) by refusing to instruct the jury on the theory of strict liability, and (3) by refusing to grant the plaintiffs a new trial on the basis of juror misconduct.

On June 23, 1974, district fire chief James Schauner and his driver James L. Fiant were proceeding north on Market Street shortly before 8:30…