City of Emporia v. Gilchrist
Supreme Court of Kansas
Error from Lyon District Court. M. ~W. Gilchrist commenced this action against the city of Emporia to obtain an injunction forbidding it from removing the sidewalk in front of his livery barn in said city. On this sidewalk were two raised platforms, or approaches, extending from his barn to the street.
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Error from Lyon District Court. M. ~W. Gilchrist commenced this action against the city of Emporia to obtain an injunction forbidding it from removing the sidewalk in front of his livery barn in said city. On this sidewalk were two raised platforms, or approaches, extending from his barn to the street. He obtained a temporary injunction upon the 16th day of March, 1886, and on the 20th, by agreement of the parties, a motion to dissolve the injunction was heard before the judge of the Lyon county district court, at chambers. On the hearing of the motion the plaintiff admitted that the street…
1Opinion of the Court
Opinion by
Holt, C.:
The judge refused to dissolve the temporary restraining order. In this we believe he erred. From the admissions made by plaintiff on the trial, and the evidence introduced, it appears to be well established that the raised platforms or advances to plaintiff’s barn were obstructions to a free and safe passage along the sidewalk. The plaintiff himself, in giving his evidence, says:'
“In getting up to the inclines, you step to the top of the curb, and then one step to the top of the incline;” and “there was danger of one stumbling and falling if he did not keep his eyes open.”
Th…
2Cited by3 opinions
- Shanks v. PearsonSupreme Court of Kansas · 1903
- Ward v. Board of Regents of Kansas State Agricultural CollegeCourt of Appeals for the Eighth Circuit · 1905
- Fergus v. City of CoLumbus, Court of Common Pleas of Ohio, Franklin County, Civil Division1898