Nesbit v. City of Topeka

Citations

• 87 Kan. 394
• 124 P. 166
• 1912 Kan. LEXIS 157

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Negligence — Wrongful Death — Notice—Action by Widow. A person injured by the negligence of a city failed to give a notice as required by the act governing cities of the first class. (Gen. Stat. 1909, § 1218.) He died from such injuries after the time limited for such notice had expired. His widow gave a notice within four months after his death, and then commenced an action under the statute giving a right of action for damages for death caused by wrongful act. It is held that the action may be maintained, notwithstanding the failure of the injured person to give the preliminary notice within four months after the injury.</p>