Cox v. City of Coffeyville

The opinion of the court was delivered by

Allen, J.:

This was an action for damages for personal injuries alleged to have been sustained by the plaintiff when he fell into a hole in the sidewalk in the defendant city. A demurrer to plaintiff’s amended petition was overruled. Defendant appeals.

The allegations of the amended petition may be summarized:

On the date of plaintiff’s injury there was a hole in the sidewalk adjoining the Etchen building on Eighth street. The north side of the hole was flush with the building, and extended southward on the sidewalk about three feet. The hole was open and…