Bohm v. Racette

• Decision Date: 06 June 1925
• Docket Number: 25,771,25,770
• Citation: 236 P. 811,118 Kan. 670
• Parties: MARY BOHM, Appellant, v. ALEX RACETTE, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF CLOUD et al., Appellees. JOSEPH J. BOHM, Appellant, v. ALEX RACETTE, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF CLOUD et al., Appellees
• Court: Kansas Supreme Court

236 P. 811

118 Kan. 670

MARY BOHM, Appellant, v. ALEX RACETTE, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF CLOUD et al., Appellees.

JOSEPH J. BOHM, Appellant, v. ALEX RACETTE, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF CLOUD et al., Appellees

Nos. 25,770, 25,771

Supreme Court of Kansas

June 6, 1925

Decided January, 1925.

Appeals from Cloud district court; JOHN C. HOGIN, judge.

Judgments affirmed.

SYLLABUS

SYLLABUS BY THE COURT.

1. HIGHWAYS--Untrimmed Hedge Fences--Liability of Owner for Injuries. An owner of land adjoining crossing highways along which high hedges are permitted to grow so as to obstruct the view of those who at right angles approach the corner of the land at the intersection of the highways is not liable in damages to those who are injured in an automobile collision on the crossing of the highways.

2. SAME--Untrimmed Hedge Fences--Liability of Local Authorities for Injuries. Under the circumstances named in the first paragraph of this syllabus, neither the county nor the township in which the accident occurred is liable to those injured.

N. J. Ward, of Belleville, for the appellants.

Charles L. Hunt, Frank C. Baldwin, C. J. Putt, Leon W. Lundblade, and M. V. B. Van De Mark, all of Concordia, for the appellees.

OPINION

MARSHALL, J.:

These actions arose out of an automobile collision in which George Bohm, the husband of Mary Bohm, was killed, and Joseph J. Bohm was injured. Each of the defendants filed a demurrer to each of the petitions. All the demurrers were sustained except those of Alex Racette and Edmer Racette, and each of the plaintiffs appeals.

Joseph J. Bohm sued to recover for the injuries sustained by him. Mary Bohm, the widow of George Bohm, sued to recover the damages sustained by herself and the children of George Bohm. Joseph J. Bohm and George Bohm were driving west in an automobile on the north side of the northwest quarter of section twenty-two in Elk township in Cloud county. Edmer Racette was driving another car north along the west side of the quarter section named. Alex Racette owned the car driven by Edmer Racette. The northwest quarter of section twenty-two in Elk township was owned by John Koch, Charles Koch and Mary Koch. A large hedge grew on the north and west sides of that quarter section. That hedge prevented anyone driving along the north side of it from seeing anyone driving along the west side of it, and prevented anyone driving along the west side of the hedge from seeing anyone driving along the north side of it. The hedge had not been trimmed as required by law. The hedge law, sections 29-416 to 29-420, inclusive, of the Revised Statutes, had been adopted in Cloud county. The roads were smooth and in good condition. Those in each automobile did not see the other automobile approaching, and because of that fact the accident occurred. The plaintiffs sued Alex Racette and Edmer Racette for negligence in driving, sued the owners of the land for negligence in not trimming the hedge as required by law, and sued the county and township for negligence in not causing the hedge to be trimmed as required by law.

1. The action against the owners of the land is determined by Goodaile v. Cowley County, 111 Kan. 542, 207 P. 785, where this court said:

"The owners of land permitted high hedges to grow along public roads which crossed at the corner of their property; the hedge obstructed the view of one road from the other; a woman driving a horse and buggy along the road approached the crossing; the horse became frightened at an automobile which suddenly appeared at the crossing of the roads; the woman was thrown out and injured. Held, that the owners of the land are not liable in damages for the injuries sustained by her."

The appellants attempt to draw a distinction between that case and the present one, because in that case a horse became frightened at an approaching automobile and caused the accident. That action was based on negligence of the owner for not trimming the hedge as required by law, and the principle there declared controls here.

2. In ...