Topeka Water Co. v. Whiting

Near the noon hour, on December 21, 1891, Kate J. Whiting, accompanied by her mother and sister, was driving upon one of the streets of Topeka, when their horse became frightened at the water spurting or flowing from an open hydrant in the street and turned around suddenly, capsizing the buggy, and breaking Kate J. Whiting’s arm and otherwise seriously injuring her. The hydrant, which was upon a dead end of a main, was opened by an employee of *641the Topeka Water Company for the purpose of flushing the main and relieving it of the stagnant and impure water therein.

The plaintiff below alleged,…