Phillips v. City of Wichita

The opinion of the court was delivered by

Burch, J.:

The action was one for damages for personal injury sustained by plaintiff when'the automobile in which she was riding, and which was driven by her husband, struck a cement wall extending into a city street from a pier of a railroad viaduct over the street. The verdict and judgment were for plaintiff, and the city appeals.

The case was here once before on a question of pleading (Phillips v. City of Wichita, 128 Kan. 411, 278 Pac. 2), and the facts relating to the accident are sufficiently stated in the former opinion. The city identified the…