Amis v. Board of County Commissioners

Citations

• 98 Kan. 321
• 158 P. 52
• 1916 Kan. LEXIS 77

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Defective Highway — Damages — Pleadings. The petition and the evidence examined and held fairly to allege and show a cause of action.</p> <p>2. Same — Liability of Township. The fact that the township was repairing a bridge did not relieve it from liability for leaving the highway approaching the same in a defective and dangerous condition.</p> <p>3. Trial — Evidence. Complaints regarding admission of evidence examined and found to be without substantial basis.</p> <p>4. Same — Improper Arguments of Counsel. Certain statements made in argument by counsel assigned as error are disposed of by the prompt and sufficient action of the trial court which protected the rights of the complaining party.</p> <p>5. Defective Highway — Notice to Township Officers. Notice by actual knowledge of the defective condition of the streets on Monday amounted to the statutory requirement of notice “for at least five days prior to the time when such damage was sustained,” (Gen. Stat. 1909, § 658) the injury occurring the following Saturday about dark.</p> <p>6. SAME. Rules followed that absence of safeguard constitutes a defect and actual knowledge of conditions naturally productive of injury obtained while repairing the highway constitutes notice of defect.</p>