City of Topeka v. Cook

Citations

• 72 Kan. 595
• 84 P. 376
• 1906 Kan. LEXIS 362

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Municipal Corporations — Injury to Traveler■ — Defective Alley. An essential fact to a recovery of damages against a city by one who alleges that he was injured in traveling through an alley within the city is that the designated place be within the corporate limits and one which the city is bound to maintain and make safe for public travel.</p> <p>2. - Judicial Notice — Location of Alley. The court cannot take judicial notice that an alley between two designated streets is within the territorial boundaries of the city of Topeka.</p> <p>3. -Boundaries — Evidence. As cities of the first class are given authority outside of the corporate limits in regard to preventing and abating nuisances, and the making of quarantine and other regulations to prevent the introduction of contagious diseases into the city, the fact that a city may have caused the removal of a manure pile from a certain place does not of itself show that such place was within the city.</p>