WARREN v. KANSAS CITY

No. 43098.

258 S.W.2d 681 (1953)

WARREN v. KANSAS CITY.

Supreme Court of Missouri, Division No. 2.

June 8, 1953.


Attorney(s) appearing for the Case

David M. Proctor, City Counselor, John J. Cosgrove, Associate City Counselor and T. James Conway, Asst. City Counselor, Kansas City, for appellant.

John L. Sheridan, Donald E. Raymond, Arthur C. Popham, and Sam Mandell, Kansas City, Popham Thompson, Popham, Mandell & Trusty, Kansas City, of counsel, for respondent.


BARRETT, Commissioner.

On August 17, 1949, Thomas R. Warren, Jr., then nine years of age, was riding his bicycle on the sidewalk on South Benton Street. As he crossed over a rather rough, cracked driveway comprising the sidewalk between the properties at 3818 and 3820 South Benton the bicycle began to wobble, and about ten feet farther on one of the wheels struck a section of the concrete sidewalk that was raised an inch and a half or two inches and he was thrown...

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