Beard v. City of Kansas City

Citations

• 96 Kan. 102
• 150 P. 540
• 1915 Kan. LEXIS 321

Syllabus

<p>OPINION ON REHEARING.</p> <p>SYLLABUS BY THE COURT.</p> <p>1. Cities — Action for Damages — No Claim Presented — No Costs Recoverable. No judgment for costs can be rendered against a city of the ■ first class in any action brought against it for damages, unless the claim therefor is presented in writing as required by section 1053 of the General Statutes of 1909.</p> <p>2. Same — Damages Limited to Injuries Sustained within Period of Four Months. In an action against a city of the first class having a commission form of government, the plaintiff is limited to the injury sustained during the four months preceding the filing of the written statement required by section 1218 of the General Statutes of 1909; and the evidence as to the injury sustained should be confined to that period of time.</p> <p>3. Same — Damage for Overflowing Premises — Statute of Limitations. Where a city improves a street and causes water from heavy rainfall to overflow adjacent premises the owner of the premises may maintain an action for damages caused by the overflow, but such an action must he brought within two years after such overflow or it will be barred by subdivision 3 of section 17 of the code of civil procedure.</p>