Township of Quincy v. Sheehan
Supreme Court of Kansas
Error from Greenwood District Court. Action by James Sheehan against the Township of Quincy, Greenwood county, Kansas, to recover damages for the loss of property resulting from the alleged negligence of the township in maintaining a highway.
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Error from Greenwood District Court. Action by James Sheehan against the Township of Quincy, Greenwood county, Kansas, to recover damages for the loss of property resulting from the alleged negligence of the township in maintaining a highway. He alleged that Quincy township was a subdivision of Greenwood county, and that— “A certain stream of water, commonly known as the ‘ Walnut,’ runs through and across said Quincy township; that a certain public road, the same being a county road, crosses said stream. Said ford or crossing was known to said defendant to at times be unfordable by reason of…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
In a statute enacted in 1887, it was provided that —
“Any person who shall, without contributing negligence on his part, sustain damage by reason of any defective bridge, culvert, or highway, may recover such damage from the county or township wherein such defective bridge, culvert or highway is located, as hereinafter provided; that is to say, such recovery may be from the county when such damage was caused by a defective bridge constructed wholly or partially by such county, and when the chairman of the board of county commissioners of…
2Cases cited1 opinion
- Eikenberry v. Township of BazaarSupreme Court of Kansas · 1879
3Cited by8 opinions
- Bohm v. RacetteSupreme Court of Kansas · 1925
- Honnold v. Brd. of Com'rs Carter Co.Supreme Court of Oklahoma · 1916
- Fisher v. Delaware TownshipSupreme Court of Kansas · 1912
- Murphy v. Fairmount TownshipSupreme Court of Kansas · 1913
- Gorges v. State Highway CommissionSupreme Court of Kansas · 1933
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