Abbott v. Board of County Commissioners of Wyandotte

Citations

• 94 Kan. 553
• 146 P. 998
• 1915 Kan. LEXIS 126

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Bridges — Automobile Accident — Evidence—Findings. The evidence examined and held that the special findings and general verdict of the jury are sustained with respect to the following matters:</p> <p>1. Approach to Defective Bridge — What Constitutes. A number of feet of filling was made between the abutment of a bridge and the bank of the stream spanned by the bridge. Such filling was necessary to connect the bridge with the highway and maike it accessible from the highway, and constituted an approach forming a part of the bridge.</p> <p>2. Bridge — Defective for Want of Guard Rail. The location and construction of the bridge were such that it was defective for want of a guard rail at its northeast corner to protect travelers on the highway from missing the entrance to the bridge and plunging over the bank of the stream.</p> <p>3. Notice to Chairman of Board of County Commissioners. The chairman of the board of county commissioners had notice of such defect derived from knowledge of the conditions for more than five days before the occurrence of the casualty forming the subject of the action.</p> <p>4. Automobile Driver Not Guilty of Negligence. An automobile driver who was driving his car in the nighttime at the rate of about twenty-five miles per hour, and who missed the bridge and was precipitated over the bank of the stream and killed, was not guilty of contributory negligence.</p>