Dubourdieu v. Delaware Township

Citations

• 106 Kan. 650
• 189 P. 386
• 1920 Kan. LEXIS 624

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Defective Highways — Liability of Townships — Statute Fixing Liability Not Unconstitutional. Chapter 237 of the Laws of 1887 (Gen. Stat. 1915, §722), entitled “An act making counties and townships liable for defects in bridges, culverts and highways in certain cases,” is not in conflict with section 16 of article 2 of the constitution. Neither the title nor the act embraces more than one subject. The subject is liability for injuries caused by defects in highways*, and the purpose was to impose the liability upon the' particular political subdivision of the state whose duty it was to keep the road in proper repair.</p> <p>2. Same — Bridge a Part of Highway. In the act in question, as in legislation generally respecting roads and bridges, the legislature considered a bridge as constituting part of a highway.</p> <p>3. Same — Statute Not Repealed by Implication. The enactment of amendatory legislation respecting roads and highways has not by implication repealed chapter 237 of the Laws of 1887 (Gen.' Stat. 1915, § 722).</p> <p>4. Same — Defective Highway Was a Township Road. In an action against a township to recover damages for injuries occasioned by a defect in a public highway, one of the defenses was that the highway was a county, and not a township, road. The county had built and maintained a bridge upon it, but the board of county commissioners had never designated it as a county road; it had been maintained and kept up by the township for several years, and after. plaintiff’s injury the township repaired the defective conditions and filled and graded the roadway. Held, that the evidence was sufficient to sustain a finding that it was a township road.</p> <p>5. Same — Erroneous Instruction Not Prejudicial. An erroneous instruc- ' tion considered, and held not to be prejudicial, in view of the issues, pleadings, evidence, and other instructions.</p> <p>6. Same — Instruction No. U Relating to Notice of Defect in Highway Not Erro