King v. Kaw-Mo Wholesale Grocer Co.

Plaintiff alleged that lie was walking at night along the sidewalk on the east side of Walnut street near Second street in Kansas City when he fell into an excavation on defendant’s lot, which was negligently left unguarded, and sustained serious personal injuries.

The answer in addition to a general denial pleaded contributory negligence and further alleged that plaintiff before falling into the pit had left the street and was trespassing upon private property. The reply was a general denial.

A trial of the issues resulted in a verdict of $2500’, for plaintiff which the court set aside on the…