Casey v. City of Leavenworth
Supreme Court of Kansas
Error from, Leavenworth, District Court. Action by Casey and another to recover damages for alleged negligence of the city in failing to collect the sum of $12,976.84 claimed by plaintiffs as due them upon a contract for grading a public street. ' Trial at May Term 1875. Demurrer to plaintiff’s evidence sustained, and judgment in. favor of the city for costs. Plaintiffs bring the case here on error.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action brought by Thomas Casey and Patrick McCristal against the city of Leavenworth, to recover damage for alleged negligence on the part of the city in failing to collect $12,976.84 claimed to be due the plaintiffs for grading Lawrence Avenue, a public street in said city. The grading was done under a contract between the plaintiffs and the defendant, by which contract the defendant agreed on its part to pay for said grading by levying “a special tax upon the lots and parcels of ground adjoining said work” for the cost of…
2Cases cited1 opinion
- City of Leavenworth v. MillsSupreme Court of Kansas · 1870
3Cited by2 opinions
- City of Atchison v. LeuSupreme Court of Kansas · 1892
- Town of Windfall City v. First National BankIndiana Supreme Court · 1909