Cates v. City of Independence

The opinion of the court was delivered by

Smith, J.:

This was an action for damages for an injury sustained by falling on a street covered with ice. Defendant demurred to the petition. The demurrer was overruled, and defendant appeals.

The petition alleged a snowfall and that the snow partially melted and formed water, which, in the evening, “froze and became ice” causing the intersection to become very dangerous to pedestrians who used the street. The petition alleged further that this condition was known to defendant. The petition further alleged that about thirty minutes before the injury to…