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GLENN v. CITY OF TOPEKA

No. 38,193

171 Kan. 25 (1951)

229 P.2d 737

HARRIET GLENN, Appellant, v. CITY OF TOPEKA, a Kansas Municipal Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed April 7, 1951.

Attorney(s) appearing for the Case

Charles S. Scott, of Topeka, argued the cause, and Elisha Scott, Sr., and John J. Scott, both of Topeka, were with him on the briefs for the appellant.

Peter F. Caldwell, Assistant City Attorney, of Topeka, argued the cause, and Frank P. Eresch, City Attorney of Topeka, was with him on the briefs for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

This was an action for damages for personal injuries sustained by plaintiff when she fell by stepping in a hole while crossing a street alleged to have been negligently maintained by the city. The answer was a general denial with a plea of contributory negligence. At the trial the jury answered special questions and returned a general verdict for plaintiff. Defendant moved for a new trial upon the grounds...

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