Costello v. Board of County Commissioners
Citations
- 91 Kan. 532
- 138 P. 639
- 1914 Kan. LEXIS 72
Syllabus
<p>SYLLABUS BY THE COURT.</p> <p>1. Death — Defective Bridge ■— Traction Engine — Failure to Plank Bridge — Construction of Statutes. Under section 658 of the General Statutes of 1909 as affected by section 45 of chapter 248 of the Laws of 1911 damages for death or injury caused by a defective bridge to one passing thereover with a traction engine weighing more than three tons can not be recovered unless it be shown and the jury find that the person killed or injured complied with the latter section in respect to planking such bridge.</p> <p>2. Same. Under the section last mentioned it is not necessary that a traction engine be used for transporting or distributing oil or other merchandise or commodity in order that the operator thereof be required to plank a bridge over which he moves such engine weighing more than three tons.</p> <p>3. Same. Such latter section operates to add to the former a condition precedent to a recovery and is constitutional and valid.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “The [insurer] is entitled only to the excess which the [insured] received from it after full compensation for his loss.”
- “The general rule is unquestionably that the insurer can recover from the insured ... only the excess received from the wrongdoer, after full compensation for his loss, including the costs and expenses thereof.”
Source: CourtListener parenthetical corpus (CC0).
Judges: West
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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