Eikenberry v. Township of Bazaar
Supreme Court of Kansas
Error from, Chase District Court. Action brought by Emetine Eilcenberry, September 3, 1878, to recover from the Township of Bazaar, in Chase ■county, damages for personal injuries alleged to have been occasioned on account of the impassability of a public highway.
Read the full summary
Error from, Chase District Court. Action brought by Emetine Eilcenberry, September 3, 1878, to recover from the Township of Bazaar, in Chase ■county, damages for personal injuries alleged to have been occasioned on account of the impassability of a public highway. The petition filed in the case was as follows: “The plaintiff shows to the court that the defendant is now and for more than two years last past has been a duly organized and incorporated township, in the county of Chase and state of Kansas. “That there is now and for two years last past has been a duly laid-out, open and traveled…
1Opinion of the Court
*561The opinion of the court was delivered by
Horton, C. J.:
The principal question presented is, whether a township in this state is liable for injuries caused by unsafe or defective highways? In the absence of an express statute imposing the liability, the authorities uniformly hold that organizations, such as counties, townships, school districts, road districts, and the like, though possessing corporate capacity and power to levy taxes and raise money, have been considered not to be liable for neglect of public duty. The theory of these various decisions is in effect, that such organizations,…
2Cases cited2 opinions
- Beach v. LeahySupreme Court of Kansas · 1873
- Town of Waltham v. KemperIllinois Supreme Court · 1870
3Cited by27 opinions
- Harper v. City of TopekaSupreme Court of Kansas · 1914
- Hersey v. NeilsonMontana Supreme Court · 1913
- Bohm v. RacetteSupreme Court of Kansas · 1925
- Gorrell v. City of ParsonsSupreme Court of Kansas · 1978
- Arnold v. Board of County CommissionersSupreme Court of Kansas · 1930
22 more not listed; retrieve them via the Exa API.