McCoy v. City of Wichita

There is no finding that the plaintiff was not in the exercise of reasonable care at the time she was injured. The jury find that she had “some knowledge” of the condition of the walk and that there was nothing to prevent her from seeing the condition. She testified that she saw the post lying on the sidewalk and had seen it before, but that she did not see the wire which tripped her and caused her to fall. The jury were not asked to find whether she was in the exercise of reasonable care, or whether her negligence contributed to the injury; nor were they asked to state whether the wire of…