Knoll v. City of Salina

Citations

• 98 Kan. 428
• 157 P. 1167
• 1916 Kan. LEXIS 102

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Workmen’s Compensation Act — Personal Injuries — Notice of Accident to the City. An employer can not avoid the payment of compensation to an injured employee under the workmen’s compensation act because written notice of the accident was not given to the employer by the employee within ten days after the accident occurred unless the epiployer has been prejudiced by the lack of such notice.</p> <p>2. Same — Written Demand for Compensation. Nor is a recovery barred by the failure of the injured employee to make a written demand for compensation within three months after the accident if an oral demand was made within that time.</p> <p>3. Same — Written Demand for Compensation — Application of Statute. The provision of the statute that claims or demands against a city of the second class shall be presented in writing duly itemized and veri-</p> <p>' fied and that unless so presented and verified they shall not be audited or allowed by the city officers, applies to demands of injured employees against a city under the workmen’s compensation act.</p> <p>4. Same — Failure to Present Written Demand for Compensation — Costs. If an action for compensation is brought against a city of the second class upon a claim not so presented and verified a recovery may be had upon it, but no recovery can be had against the city for the costs of the action.</p>