Erie Township v. Beamer

Citations

• 71 Kan. 182
• 79 P. 1070
• 1905 Kan. LEXIS 115

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Highways — Notice to Trustee of the Defective Condition. To recover against a township for injuries caused by a defect in a highway the trustee must have had actual notice of the defect more than five days before the injury, but it is not necessary that such notice should have been in writing, nor that any particular formality should have attended the giving of it. Actual knowledge of the defect is the equivalent of actual notice.</p> <p>2. -Knowledge of Defect by Injured Party — Obligation Imposed Thereby. Of itself, knowledge of a defect which causes an injury will not, as a matter of law, bar a recovery by the injured person on the ground of contributory negligence. Such knowledge imposes upon him the obligation of greater care to avoid dangers — such care as an ordinarily prudent person would exercise under like circumstances.</p>