Watkins v. Board of County Commissioners

Citations

• 95 Kan. 166
• 147 P. 822
• 1915 Kan. LEXIS 187

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Defective Bridge — Notice to Officer of Defect — May be Shown by Circumstantial as Well as Direct Evidence. Actual , notice to an officer of a defect in a bridge or highway, essential to recovery against the county for an injury and loss resulting from the defect, may be established by circumstantial evidence alone or by such evidence taken in connection with that which is direct or positive.</p> <p>2. Same — Demurrer to Plaintiff’s Evidence Improperly Sustained. While the officer who. had inspected the bridge a number of times denied that he had ever seen or known of the defects in the bridge, there was testimony which tended to show that the defects were obvious and had existed a long time, and this with other testimony is held to be sufficient to take to the jury the question whether or not the officer had actual knowledge of the defective condition which caused the injury and to defeat a. demurrer to plaintiff’s evidence.</p>