Legal Opinion

City of Kinsley v. Morse

Supreme Court of Kansas

Decided January 15, 1889PublishedCited by 13 opinions

Error from Edwards District Court. Mouse brought this action against The City to recover the sum of $5,000 for personal injuries received by him on the night of the 25th of November, 1885, caused by falling into a cellar-way that protruded into a street of said city.

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Error from Edwards District Court. Mouse brought this action against The City to recover the sum of $5,000 for personal injuries received by him on the night of the 25th of November, 1885, caused by falling into a cellar-way that protruded into a street of said city. The record shows that Mosher & Matheney were erecting a building on Marsh avenue and Sixth street, in the city of Kinsley, and had obtained permission of the city authorities to use a portion of the street for the storage of material during the construction of the building. There was a basement to the building, and a cellar-way…

1Opinion of the Court

Opinion by

ClogstoN, C.:

Numerous errors are presented for review, many of which we will not consider, but will attempt to follow counsel through his elaborate brief, and take up such of the errors presented as we deem entitled to consideration. The first alleged error-which we will examine is that the plaintiff was permitted to testify, over the objection of the city, as to his poverty; that he had a family; and the age of his wife. The objection to this testimony was overruled, and plaintiff testified that he had a family consisting of a wife 27 years old, and one child, and that he had about…

2Cases cited4 opinions

  1. City of Salina v. TrosperSupreme Court of Kansas · 1882
  2. City of Emporia v. SchmidlingSupreme Court of Kansas · 1885
  3. Corlett v. City of LeavenworthSupreme Court of Kansas · 1882
  4. Sandwich Manufacturing Co. v. NicholsonSupreme Court of Kansas · 1887

3Cited by13 opinions

  1. Heery v. ReedSupreme Court of Kansas · 1909
  2. Missouri, O. & G. Ry. Co. v. CollinsSupreme Court of Oklahoma · 1915
  3. Nelson v. American Cement Plaster Co.Supreme Court of Kansas · 1911
  4. Cunningham v. Township of ClaySupreme Court of Kansas · 1904
  5. Bascom v. HoffmanSupreme Court of Iowa · 1925

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