McHenry v. City of Kansas City

Citations

• 101 Kan. 180
• 165 P. 664
• 1917 Kan. LEXIS 48

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Ice on Sidewalk — Personal Injuries — Written Statement of Claim for Damages. Under section 1460 of the General Statutes of 1915, before commencing an action for personal injuries against a city of the first class conducted under commission government, it is necessary, within four months, to file a written statement with the city clerk, giving the time, place and circumstances relating to the injuries sustained.</p> <p>2. Same. The written statement of injuries, which is required by statute as a condition precedent to the maintenance of an action against a city for such injuries, must be sufficiently accurate that the city will not be misled thereby.</p> <p>3. Same — Personal Injuries — Defective Statement of Claim for Damages. Where a petition alleged that plaintiff sustained injuries by a fall on a public sidewalk, and alleged that the accident occurred on January 19, 1916, and a copy of the statutory written statement attached to the petition recited that the injuries were sustained on January 12, 1916, the discrepancy between the dates is one of substance tending to mislead the city and not a mere defect in the form of the statement, and a demurrer to the petition should be sustained.</p>