Bean v. City of Moberly

As a W.P.A. sponsored project the City of Moberly resurfaced and improved certain streets. In improving the drainage of a viaduct and relaying the sewer line a ditch was dug in the parkway between the sidewalk and curb line of Rollins Street. On May 13, 1941, W.H. Bean fell in this ditch and for his injuries recovered a judgment of $7,666.00 against the City of Moberly. On this appeal the city tacitly concedes that Bean's evidence justified a finding that the city had breached its common law duty to [395] exercise due care in the maintenance of its ways and was, therefore, negligent, but…