Halpin v. City of Kansas

• Decision Date: 31 October 1882
• Citation: Halpin v. City of Kansas, 76 Mo. 335 (Mo. 1882)
• Parties: HALPIN v. THE CITY OF KANSAS, Appellant.
• Court: Missouri Supreme Court

76 Mo. 335

HALPIN

v.THE CITY OF KANSAS, Appellant.

Supreme Court of Missouri.

October Term, 1882.

Appeal from Jackson Special Law and Equity Court.--HON. R. E. COWAN, Judge.

AFFIRMED.

D. S. Twitchell for appellant.

Tichenor & Warner for respondent.

NORTON, J.

This suit is for the recovery of damages alleged to have been sustained by plaintiff, Mary Halpin, by reason of the negligence of the defendant in allowing a hole or gully of the depth of twenty-eight inches, to be and remain unguarded on the east side of the sidewalk on Washington street in the City of Kansas, into which hole or gully plaintiff, as alleged in the petition, without fault on her part, fell and was injured. Upon the trial of the cause plaintiff recovered judgment for $500, from which defendant has appealed.

It appears from the record before us that the only exception saved during the progress of the entire trial, was to the action of the court in overruling defendant's demurrer to the evidence introduced by plaintiffs to make out their case. Hence, it follows that the propriety of the action of the court in the above respect is the only question presented for determination.

We are of the opinion that the demurrer to the evidence was properly overruled.

The evidence tended to show that on the east side of the sidewalk along Washington street, and on the west side of said street, there was a hole or gully twenty-eight inches in depth, ordinary curbing and guttering being from twelve to fourteen inches; that there was no barrier, railing...