Leisenring v. Pleasant Hill Township

The opinion of the court was delivered by

Mason, J.:

Chet Fuller was killed by the overturning of an automobile in which he was riding. His administrator recovered a judgment against the township in which the accident occurred on the ground that it was due to the defective condition of the highway. The defendant appeals.

1. The answer alleged, and the evidence showed, that no verified statement of the claim sued on had ever been presented to the township board, as required by statute (Gen. Stat. 1915, § 11558), and the appellant contends that this establishes a defense. Expressions tending to…