City of Topeka v. Tuttle
Supreme Court of Kansas
Error from Shawnee. Comity. This action, originally brought in justice’s court, was determined in favor of the defendant in error, plaintiff below, and appealed to the district court. By stipulation the pleadings before the justice were made the pleadings in the district court.
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Error from Shawnee. Comity. This action, originally brought in justice’s court, was determined in favor of the defendant in error, plaintiff below, and appealed to the district court. By stipulation the pleadings before the justice were made the pleadings in the district court. The petition, involved in the following decision, was substantially as follows : The said plaintiff, Perry C. Tuttle, complains of the said defendant, the City of Topeka, for that heretofore, to-wit: On the 27th day of July, A. D. 1867, the said defendant, being a duly incorporated city of the State of Kansas of the…
1Opinion of the Court
By the Court,
Valentine, J.
"We are unable to perceive any error in this case sufficient to reverse the judgment of the court below.
Pleadings: of Petition. It is claimed that the original petition is not sufficient, but why it is not sufficient we are not informed. It seems to us that a petition that states with circumstantial particularity that the city of Topeka, an incorporated city of the second class, negligently left one of its streets out of repair, by reason whereof the plaintiff, without fault on his part, was injured, states facts sufficient to constitute a good cause'Of action.
Evidenc…
2Cited by13 opinions
- Jansen v. City of AtchisonSupreme Court of Kansas · 1876
- Grantham v. City of TopekaSupreme Court of Kansas · 1966
- State v. VolmerSupreme Court of Kansas · 1870
- Hausam v. PoehlerSupreme Court of Kansas · 1926
- Gillson v. PriceNevada Supreme Court · 1883
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