Irvin v. Fant

Citations

• 111 Kan. 336
• 206 P. 874
• 1922 Kan. LEXIS 241

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Defective Highway — Injuries—Demurrer to Plaintiffs Evidence. In an action seeking to hold a township hable for injuries caused by a defect in a public road a demurrer to the evidence was properly sustained because there was no evidence offered to show that the road was a township road.</p> <p>2. Same — Previous Action Against County — No Estoppel. In such an action the township is not estopped by anything that occurred on the trial of a previous action between the plaintiff and the county to recover damages arising out of the same accident.</p>