Leisenring v. Pleasant Hill Township

Citations

• 108 Kan. 29
• 193 P. 893
• 1920 Kan. LEXIS 544

Syllabus

<p>SYLLABUS OF THE COURT.</p> <p>1. Defective Highway — Accident—Presentation of Claim for Damages. Where an action against a township on account of a death alleged to have been occasioned by a defective highway has resulted in a judgment for the plaintiff it is not a ground of reversal that the defendant pleaded and proved that no verified statement of the claim had been presented to the township board in accordance with the statute.</p> <p>2. Same — Notice of Defect to Township Trustee — Insufficient Evidence. The evidence is held not to sustain a finding that the trustee had notice of the defective condition of a highway five days before the occurrence of the accident upon which the action against the township is based.</p>