Parr v. Board of County Commissioners

Citations

• 70 Kan. 111
• 78 P. 449
• 1904 Kan. LEXIS 13

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Highways — Defective Bridge — Statutory Liability of County— Must be Actual Personal Notice of Particular Defect. Under the statute imposing a liability upon the county for damage sustained by reason of a defective bridge constructed by the county, where the chairman of the board of county commissioners has five days’ notice of .the defect, the notice essential to a recovery is actual personal notice of the defect causing the injury, and signifies something more than an opportunity to acquire notice by the exercise of due care and diligence.</p> <p>2. -Notice Will Not be Inferred. There must be actual notice of the particular defect causing the injury, and something more than an inference of notice from the long continuance of a defect..</p> <p>3. - General Knowledge Insufficient. A general knowledge of the plan and original construction of a bridge faulty in some respects, which has stood and been used for about nine years, cannot be regarded as notice of a particular defect, viz., a decayed sill, which broke, and which may have been affected to' some extent by the imperfect construction.</p> <p>4. -Required Notice Not Proved. Upon an examination of the evidence, it is held, that the requisite notice of the defect causing the injury was not shown.</p>