Supreme Court of Kansas January 9, 1915, No. 19,099 (Bailey v. Kelly)

The opinion of the court was delivered by

Burch, J.:

'This case was before the court on the occasion of a former appeal. (Bailey v. Kelly, 86 Kan. 911, 122 Pac. 1027.) The action was commenced against a landlord to recover damages resulting from the death of his tenant’s servant who fell into a defectively covered cistern on the leased premises.