Arnold v. Board of County Commissioners

The opinion of the court was delivered by

Johnston, C. J.:

This was an action to recover damages for injuries suffered by Nannie Arnold, the wife of John Arnold, on highway No. 75, near the line between Coffey county and Osage county. It is brought under the statute making the county liable for damages sustained through the defects in a highway where five days’ actual notice or knowledge of the defect has been brought to the chairman of the board of county commissioners. The defect in question was a ditch or hole in the highway at the end of a culvert.

One of the questions raised is that there…