Same case, 34 SW 2d 57 (1930). This opinion included a graphic description of the plaintiff's knee injury and the subsequent medical care the boy required; he may have developed gangrene. Judgment for plaintiff affirmed.
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| Beebe v. Kansas City, 17 SW 2d 608 (1929). A teenage bicyclist riding just after 12:00 at night with no lights, fell into a hole in the street. The hole was some 10 to 12 inches deep and had been that way for at least six months, possibly up to a year. The street light nearest the hole was not burning. The bicyclist knew the street was rough, as he had been over it two or three times in an automobile, but he says he did not know the hole was there. The pavement between the nearby street car tracks was smooth and in good condition. The boy hurt himself very badly in his fall, suffering a severe knee injury. Judgment for plaintiff affirmed. From the opinion of the Kansas City Court of Appeals: "We have judicial knowledge that travel by automobile has greatly increased since 1914, but we do not know that there has been any change which lowers the standard which a municipality must observe in exercising care to keep the highways reasonably safe for travel, nor that any general custom has grown up to put lights upon bicycles when they are used at night. He who rides a bicycle is charged with knowledge that he may meet another vehicle upon the road, and he must exercise ordinary care to avoid collision. But he has a right to assume that the municipality has exercised ordinary care to keep its streets reasonably safe for travel in the general and usual mode." Same case, 34 SW 2d 57 (1930). This opinion included a graphic description of the plaintiff's knee injury and the subsequent medical care the boy required; he may have developed gangrene. Judgment for plaintiff affirmed. |
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