City of Topeka v. Smelser
Court of Appeals of Kansas
Memorandum.— Error from Shawnee circuit court; J. B. Johnson, judge. Action by Pleasant Smelser against the city of Topeka to recover damages for personal injuries sustained by plaintiff through the alleged negligence of the defendant. Judgment for defendant. New trial granted plaintiff. The defendant brings the case to this court.
1Opinion of the Court
*18The opinion, of the' court was delivered by .
Clark, J.:
This is an action to recover damages sustained by one Pleasant Smelser through the alleged negligence of the city of Topeka,‘a city of the first class, in failing to keep and maintain in proper and safe condition the bridge which crosses Shunganunga creek on Lincoln street, near the outer boundary of the corporate limits of the city. The petition recites, among other allegations, that the place where the injury occurred was, with other territory, taken into the city by an ordinance duly passed by the city council on December 9, 1889,…
2Cases cited4 opinions
- City of Sedan v. ChurchSupreme Court of Kansas · 1883
- Smith v. WilliamsSupreme Court of Kansas · 1873
- Hunt v. HainesSupreme Court of Kansas · 1881
- City of Olathe v. HornerSupreme Court of Kansas · 1888