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City of Eureka v. Neville

The City of Eureka v. Anna F. Neville

City of Eureka v. Neville, 79 P. 162 (Kan. 1905)
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Court
Supreme Court of Kansas · State Highest Courts
Decided
January 7, 1905
Docket
No. 13,903
Citations
79 P. 16270 Kan. 8931905 Kan. LEXIS 73
Disposition
Affirmed.
Summary
Error from Greenwood district court; G-ranville P. Aikman, judge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Per Curiam:

The allegation in the petition that the sidewalk was condemned by ordinance went to the question of notice of its condition at the time of the accident. A reference to the ordinance in the petition was unnecessary, but as no proof was offered to sustain the averment we cannot say that the city was prejudiced. That there was a variance between the first instruction and the allegation of the petition as to the place where the accident occurred is too technical.

Instruction No. 16 went to the question of notice. There was some evidence to justify the giving of it. The allegation that plaintiff below sustained bodily injuries was sustained by proof of injury to her hands and wrists. “For the body is not one member, but many.” (I Cor. 12:14.)

We have examined the findings of the jury, and find no inconsistencies sufficient to justify a new trial.

The judgment of the court below is affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1915: 11961: 119152026peak 1915 · 1

Relies on it most ⓘ

  1. Thompson v. Aultman & Taylor Machine Co.146 P. 1188 (Kan. 1915)
  2. Blair v. Hallmark360 P.2d 1051 (Kan. 1961)

Most recent

  1. Blair v. Hallmark360 P.2d 1051 (Kan. 1961)
  2. Thompson v. Aultman & Taylor Machine Co.146 P. 1188 (Kan. 1915)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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