Wagner v. Board of County Commissioners

Citations

• 103 Kan. 719
• 176 P. 140
• 1918 Kan. LEXIS 364

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Defective Highway — Injuries—Statutory Notice of Defect Required. The liability of counties for injuries sustained by reason of defective bridges, culverts, and highways is statutory, and is not coextensive with the common-law liability for negligence. There can be. recovery only when the chairman of the board of county commissioners had notice. of the defect at least five days prior to the time the injury occurred (Gen. Stat. 1915, § 722), and the notice must be actual, as distinguished from constructive or imputed or implied.</p>