King v. City of Parsons

Citations

• 95 Kan. 654
• 149 P. 699
• 1915 Kan. LEXIS 269

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Defective Sidewalk — Injuries—Written Statement of Accident Left with City Clerk at his Residence Filed within Statutory Time. In an action to recover against a city for damages caused by a defective sidewalk a statement complying in all respects with the provisions of section 870 of the General Statutes of 1909, giving the time, place and circumstances of the accident, was handed to the city clerk at his residence at 11:15 p. m. The next morning the clerk took the notice to his office and stamped it as filed on that date, which was one day more than four months from the time plaintiff was injured. Held, that there was a compliance with section 870 of the General Statutes of 1909, requiring the statement to be filed “with the city clerk” within four months after the injury.</p> <p>2. Same — Conflicting Evidence — Demurrer Wrongfully Sustained. It is the province of the jury to weigh the facts and inferences where there is a conflict in the evidence, and it is error for the court to sustain a demurrer where there is any evidence to sustain the plaintiff’s case.</p>