City of Arkansas City v. Payne

The opinion of the court was delivered by

Graves, J,:

This action was commenced in the district court of Cowley county against the city of Arkansas City, by Evelyn S. Payne, to recover damages for injuries sustained by her in falling through a hole in a sidewalk of said city. She recovered a judgment, and the city prosecutes error. The alleged errors consist of the erroneous admission'of testimony and misleading and erroneous instructions given to the jury.

The hole in the sidewalk which caused the injury was made by an adjacent property holder, for his own convenience, under an arrangement with…