Dechant ex rel. Dechant v. City of Hays

Citations

• 112 Kan. 729
• 212 P. 682
• 1923 Kan. LEXIS 473

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Personal Injuries — Action Against City —Failure to File Claim Within Four Months — Action Barred. Chapter 143, Laws 1919, provides:, “That no action shall be maintained against any city of the second class, by any person or corporation in any court for damages on account of,injury to person or property unless the person or corporation injured or damaged shall, within four months thereafter, and prior to the bringing of the suit, file with the city clerk a written statement giving the time and place of the happening of the accident or injury received and the circumstances relating thereto.” Held: ■</p> <p>1st. To create a condition precedent to the maintenance of such an action; '</p> <p>2d. To apply to minors as well as to adults;</p> <p>3d. The requirements of the statute cannot be waived by the mayor or any other city official; and</p> <p>4th. The legislature has power to enact a statute making such a condition precedent.</p>