City of Topeka v. Central Sash & Door Co.

The opinion of the court was delivered by

Marshall, J.:

This action was brought by the city of Topeka to recover from the defendant the sum of $631.15, with interest, which the plaintiff alleged it was compelled to pay out in satisfaction of a judgment obtained against it for personal injuries sustained by a pedestrian on account of a defective sidewalk. The defendant demurred to the petition. This demurrer was overruled. From this the defendant appeals.

The petition alleges that the defective condition of the sidewalk was caused by the defendant in driving horses and wagons over the walk in…