The City of Kansas City v. Siese, 14,063

CourtUnited States State Supreme Court of Kansas
Writing for the CourtCUNNINGHAM, J.:
Citation80 P. 626,71 Kan. 283
Decision Date08 April 1905
Docket Number14,063
PartiesTHE CITY OF KANSAS CITY v. EDWARD SIESE et al

80 P. 626

71 Kan. 283

THE CITY OF KANSAS CITY
v.

EDWARD SIESE et al

No. 14,063

Supreme Court of Kansas

April 8, 1905


Decided January, 1905.

Error from Wyandotte court of common pleas; WILLIAM G. HOLT, judge.

Judgment of court of common pleas affirmed.

SYLLABUS

SYLLABUS BY THE COURT.

1. DAMAGES--Parent and Child--Action for Death. In an action by a parent to recover for the death of his son an allegation that the son was a strong, healthy boy, and capable of earning three dollars per week, and that by reason of his death the plaintiff had been damaged in the sum of $ 10,000, is sufficient to sustain a verdict.

2. DAMAGES--Case Followed. The facts of the case stated, and the case of Price v. Water Co., 58 Kan. 551, 50 P. 450, 62 Am. St. Rep. 625, followed as to the right of recovery thereunder.

J. W. Dana, for plaintiff in error.

Getty, Hutchings & Dean, for defendants in error.

CUNNINGHAM, J. JOHNSTON, C. J., WILLIAM R. SMITH, GREENE, BURCH, MASON, CLARK A. SMITH, JJ., concurring. CUNNINGHAM, J., dissenting.

OPINION

CUNNINGHAM, J.:

Defendants in error recovered from the city because of the drowning of their son. He was a bright, capable boy, twelve years old, residing with his parents in Kansas City, Mo. Without the knowledge of his mother as to his destination he received her consent to be away from home for a few hours, and in company with some companions about his own age, and under their guidance, he went over to Kansas City, Kan., for the purpose of going in bathing in a pond of water. This pond had been created by reason of the city's bringing a street across a deep ravine up to grade. On the upper side of this embankment, or fill, water had accumulated, and the pond in question had formed, having been there some ten or twelve years. It was from thirteen to twenty feet deep in some places, being comparatively shallow [71 Kan. 284] some little distance out from the shore and then dipping abruptly into the deeper portion, the bottom being of slippery clay. About 1896 a sewer made of tile had been placed in an alley which crossed this pond. This sewer was constructed over the surface of the water by driving a series of piles through the pond, upon which a trough holding the pipe in place was constructed. This pond was situated in a thickly settled residence portion of the city, and was, and had been for a long time, [80 P. 627] resorted to by the boys of the city for the purpose of swimming and fishing. The structure used for the carrying of the sewer-pipe was an attractive and easily utilized means of enabling them to get out to the deeper portions of the pond, and they did so use it. Young Siese was unacquainted with the character of this pond, this being the first time that he visited it. His companions were able to swim, but he was not. Arriving at the place they all went in bathing. The Siese boy was warned not to go out too far; that the water was deep, and if he should go too far out he would get drowned. After some little time spent by the boys, those who could swim jumping from the sewer into the deeper portions, and young Siese into the shallower places, the other boys came out to dress. Upon looking around for him they saw him struggling in the deeper water, and as they were unable to afford him help he was there drowned. Whether he jumped from the sewer into the deep water, or whether, playing in the shallow water, he got too near the precipitous and slippery edge of the deeper water and was thereby plunged into...

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24 practice notes
  • Plotzki v. Standard Oil Co. of Ind., No. 28638
    • United States
    • Indiana Supreme Court of Indiana
    • 2 Junio 1950
    ...of Pekin v. McMahon, 1895, 154 Ill. 141, 147, 39 N.E. 484, 27 L.R.A. 206, 45 Am.St.Rep. 114, supra.; Kansas City v. Siese et al., 1905, 71 Kan. 283, 80 P. 626; Price v. Atkinson Water Co., 1897, 58 Kan. 551, 553, 50 P. 450, 62 Am.St.Rep. 625; Thompson v. Illinois Central R. Co., 1913, 105 M......
  • Irwin Sav. & Trust Co. v. Pa. R. Co. .
    • United States
    • United States State Supreme Court of Pennsylvania
    • 22 Mayo 1944
    ...as the defendant had. 2To these cases may be added the following: Linnberg v. City of Rock Island, 136 Ill.App. 495; Kansas City v. Siese, 71 Kan. 283, 80 P. 626; Renno v. Seaboard Airline Railway, 120 S.C. 7, 112 S.E. 439; Wheeler v. St. Helena, 153 Or. 610, 58 P.2d 501; City of Indianapol......
  • Bass v. Quinn-Robbins Co., QUINN-ROBBINS
    • United States
    • United States State Supreme Court of Idaho
    • 6 Abril 1950
    ...Pocatello P. & I. Co., 7 Idaho 435, 63 P. 595; Cox v. Alabama Water Co., 216 Ala. 35, 112 So. 352, 53 A.L.R. 1336; Kansas City v. Siese, 71 Kan. 283, 80 P. 626; Cicero State Bank v. Dolese & Shepard Co., 298 Ill.App. 290, 18 N.E.2d 574; Saxton v. Plum Orchards, La.App., 34 So.2d 423; Barnha......
  • McComb City v. Hayman, 21323
    • United States
    • United States State Supreme Court of Mississippi
    • 14 Febrero 1921
    ...an action brought to recover for the death of a boy who was drowned in a pond, same being situated near a street. In Kansas City v. Siese, 71 Kan. 283, reported in 80 P. 626, a city was held liable on the authority of the above case for the drowning of a twelve-year-old boy in a pond in whi......
  • Request a trial to view additional results
24 cases
  • Plotzki v. Standard Oil Co. of Ind., No. 28638
    • United States
    • Indiana Supreme Court of Indiana
    • 2 Junio 1950
    ...of Pekin v. McMahon, 1895, 154 Ill. 141, 147, 39 N.E. 484, 27 L.R.A. 206, 45 Am.St.Rep. 114, supra.; Kansas City v. Siese et al., 1905, 71 Kan. 283, 80 P. 626; Price v. Atkinson Water Co., 1897, 58 Kan. 551, 553, 50 P. 450, 62 Am.St.Rep. 625; Thompson v. Illinois Central R. Co., 1913, 105 M......
  • Irwin Sav. & Trust Co. v. Pa. R. Co. .
    • United States
    • United States State Supreme Court of Pennsylvania
    • 22 Mayo 1944
    ...as the defendant had. 2To these cases may be added the following: Linnberg v. City of Rock Island, 136 Ill.App. 495; Kansas City v. Siese, 71 Kan. 283, 80 P. 626; Renno v. Seaboard Airline Railway, 120 S.C. 7, 112 S.E. 439; Wheeler v. St. Helena, 153 Or. 610, 58 P.2d 501; City of Indianapol......
  • Bass v. Quinn-Robbins Co., QUINN-ROBBINS
    • United States
    • United States State Supreme Court of Idaho
    • 6 Abril 1950
    ...Pocatello P. & I. Co., 7 Idaho 435, 63 P. 595; Cox v. Alabama Water Co., 216 Ala. 35, 112 So. 352, 53 A.L.R. 1336; Kansas City v. Siese, 71 Kan. 283, 80 P. 626; Cicero State Bank v. Dolese & Shepard Co., 298 Ill.App. 290, 18 N.E.2d 574; Saxton v. Plum Orchards, La.App., 34 So.2d 423; Barnha......
  • McComb City v. Hayman, 21323
    • United States
    • United States State Supreme Court of Mississippi
    • 14 Febrero 1921
    ...an action brought to recover for the death of a boy who was drowned in a pond, same being situated near a street. In Kansas City v. Siese, 71 Kan. 283, reported in 80 P. 626, a city was held liable on the authority of the above case for the drowning of a twelve-year-old boy in a pond in whi......
  • Request a trial to view additional results

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