Huxol v. Nickell

The opinion of the court was delivered by

Harman, C.:

This is an action for damages for personal injuries sustained by plaintiff Virgil Huxol as a result of falling into a hole on the Fort Hays. Kansas State College campus. Plaintiff named as defendants a general contractor, E. L. Nickell, and a subcontractor, Al M. Rome, alleging negligence on the part of each. A jury trial resulted in a verdict for plaintiff against defendant Nickell for damages in the sum of $50,000. An answer to a special question absolved defendant Rome of negligence causing the fall. Nickell has appealed.

Plaintiff was a…