Legal Opinion

Smith v. City of Leavenworth

Supreme Court of Kansas

Decided July 15, 1875PublishedCited by 19 opinions

Error from Leavenworth, District Court. Action by Smith to recover damages for injuries sustained by him by reason of his falling into an open cellar-way on one of the streets of the City of Leavenworth. Trial at the February Term 1874 of the district court. The facts were found and stated in a special verdict, which is quoted in full in the opinion, infra.

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Error from Leavenworth, District Court. Action by Smith to recover damages for injuries sustained by him by reason of his falling into an open cellar-way on one of the streets of the City of Leavenworth. Trial at the February Term 1874 of the district court. The facts were found and stated in a special verdict, which is quoted in full in the opinion, infra. Upon the facts so found, the district court gave judgment in favor of the defendant, and Smith, plaintiff, appeals, and brings the case here on error for review. The city had full control over the sidewalks, freed from all obstructions,…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an action brought by Martin Smith against the city of Leavenworth, to recover for injuries received by the plaintiff by reason of a defective sidewalk in said city. The facts of the case, as shown by the special verdict of the jury, are as follows:

First: The defendant is a municipal corporation, a city of the first class, duly organized and existing under the laws of the state of Kansas, and as such has the charge and control of the public streets within the limits of the city.

Second: Shawnee street is a public street of said…

2Cases cited1 opinion

  1. Randal v. ElderSupreme Court of Kansas · 1873

3Cited by19 opinions

  1. Jansen v. City of AtchisonSupreme Court of Kansas · 1876
  2. Wheeler v. City of Fort DodgeSupreme Court of Iowa · 1906
  3. City of Emporia v. HumphreySupreme Court of Kansas · 1931
  4. Incorporated Town of Ackley v. Central States Electric Co.Supreme Court of Iowa · 1927
  5. Earl v. City of Cedar RapidsSupreme Court of Iowa · 1905

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