Olmstead v. City of Red Cloud

Rose, J..In the city of Red Cloud, on the night of October 20, 1906, plaintiff fell down an open, unliglited stairway leading from a public sidewalk in a street to the basement of a private building and was severely injured. He subsequently sued the city for resulting damages for personal injuries on account of its negligence and recovered a verdict for |2,000. From a judgment in his favor for that sum defendant has appealed.

Plaintiff: alleged in his petition that defendant was a city of the second class having less than 5,000 inhabitants, but at the trial did not adduce proof in support of…