Irvin v. Finney County

Citations

• 106 Kan. 171
• 186 P. 975
• 1920 Kan. LEXIS 479

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Highway — Defective Highway — Injuries—Liability of County. A county is not liable for defects in a highway unless it has been duly designated as a county highway, nor for defects in a bridge unless it has been wholly or partially constructed by the eounty.</p> <p>2. Highways — Statutory Classifications — “County Roads” — “Township Roads.” Under the provisions of chapter 264 of the Laws of 1917, the board of county commissioners are required to make new classifications and designations of roads in the county, and by reason of this enactment all former designations were annulled.</p> <p>3. Same — Defective Highway — Injuries—Road Not a “County Road.”— County Not Liable. The evidence herein failing to show that the road alleged by plaintiff to be defective had been duly designated under the governing statute as a county highway, it is insufficient to show a liability of the county for damages resulting to plaintiff from defects in the road, and the demurrer to plaintiff’s evidence was rightly sustained.</p>