White v. City of Bonner Springs

Citations

• 99 Kan. 148
• 160 P. 1024

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Petition — Amendment During Trial — Evidence Rendered Competent. During the trial leave was given to amend the petition to show that no administrator had been appointed, and this rendered competent certain evidence objected to.</p> <p>2. Wrongful Death — Residence of Plaintiff — Evidence. Under all the circumstances the county of the plaintiff’s residence was sufficiently shown.</p> <p>3. City — Negligence—Defective Street — Contributory Negligence — Evidence. The testimony as to contributory negligence, the location of the injury, the condition of the street and the cause of death was sufficient to go to the jury and to warrant the verdict.</p> <p>4. Cities — Unliquidated Damages — Presentation of Claim — Costs. In an action for unliquidated damages against a city of the third class, costs can not be recovered unless previously presented as provided by section 1559 of the General Statutes of 1909, and unless the petition contains an averment of such presentation.</p>