Higman v. Quindaro Township

Citations

• 91 Kan. 673
• 139 P. 403
• 1914 Kan. LEXIS 99

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Defective Highway — Statutory Notice of Defect to Trustee Not Alleged — Fatal to Recovery. In an action against a township to recover damages alleged to have resulted from a defective highway an allegation in the petition that the township trustee had five days’ actual notice of the defect prior to the time the damage was sustained is essential to a recovery.</p> <p>2. Same — Too Late to Amend Petition — Statute of Limitations. A petition which fails to include the essential averment of notice can not be cured by an amendment alleging notice after the bar of the statute of limitations has fallen.</p> <p>3. Same — Matters Reviewable by Appellate Court. An appellate court can not determine that error was committed in denying an application to amend a petition in order to make it conform to the proof unless the proof or a statement of what it established has been brought up for its consideration.</p>