Cook v. The City of Topeka, 14,979

CourtUnited States State Supreme Court of Kansas
Writing for the CourtGREENE, J.:
Citation90 P. 244,75 Kan. 534
PartiesANDREW COOK v. THE CITY OF TOPEKA
Decision Date06 April 1907
Docket Number14,979

90 P. 244

75 Kan. 534

ANDREW COOK
v.
THE CITY OF TOPEKA

No. 14,979

Supreme Court of Kansas

April 6, 1907


Decided January, 1907.

Error from Shawnee district court; ALSTON W. DANA, judge.

Cause reversed.

SYLLABUS

SYLLABUS BY THE COURT.

MUNICIPAL CORPORATIONS--Injury Caused by Defective Alley--Notice Describing Place of Accident. Where one who claims to have received injuries because of an obstruction in a public alley files a written statement with the city clerk which complies with the statute (Laws 1903, ch. 122, § 7) in all respects, except that it misdescribes the place, but immediately upon the filing of such statement the city authorities start an investigation and the place where the accident happened is definitely located, and the obstruction removed, held, that a petition stating these facts is not demurrable.

W. I. Jamison, and Hazen & Gaw, for plaintiff in error.

Frank G. Drenning, city attorney, and W. C. Ralston, assistant city attorney, for defendant in error.

OPINION

GREENE, J.:

The plaintiff brought this action to recover damages for injuries sustained by him by the overturning of his wagon, caused by its coming in contact with an obstruction in one of the public alleys in the city of Topeka. A demurrer was sustained to his petition, and the sufficiency of the petition, as against a demurrer, is the only question for our consideration.

The alleged defect in the petition is that it shows that the plaintiff had not within four months after the injury and before bringing the action filed with the city clerk a written statement giving the time when, and a description of the place where, the accident happened, and the circumstances relating thereto, as provided for in section 7 of chapter 122 of the Laws of 1903. The petition shows that such a statement was [75 Kan. 535] filed with the city clerk within the time required. With respect thereto the petition states:

"Plaintiff further avers that within four months immediately following the receiving of such injuries, as aforesaid, he filed with the city clerk of the defendant city of Topeka a written statement, a copy of which is hereto attached, marked Exhibit A' and made a part hereof, and thereby presented to the mayor and council of said city his claim for damages on account of said injuries in the sum of $ 1000, which claim was, prior to the commencement of this suit, rejected by said mayor and council of defendant city of Topeka.

"But...

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25 practice notes
  • Dunn v. Boise City, 4738
    • United States
    • United States State Supreme Court of Idaho
    • December 27, 1927
    ...ordinance, and not otherwise." (C. S., sec. 3847; 28 Cyc. 1447 (c); 12 Second Dec. Dig., Munic. Corp., sec. 812; Cook v. City of Topeka, 75 Kan. 534, 90 P. 244.) The object or purpose of these statutes is to enable the town authorities to examine the place shortly after the alleged injury w......
  • Myers v. Board of County Com'Rs of Jackson County, No. 92,184.
    • United States
    • United States State Supreme Court of Kansas
    • February 3, 2006
    ...at 1206. In addition, the Zeferjohn court relied on Mowery v. Kansas City, 115 Kan. 61, 62, 222 Pac. 126 (1924), and Cook v. Topeka, 75 Kan. 534, 536, 90 Pac. 244 (1907), interpreting the statutory predecessors to 12-105b, which required written notice to be provided to the city clerk. Howe......
  • Workman v. City of Emporia, No. 44869
    • United States
    • United States State Supreme Court of Kansas
    • December 9, 1967
    ...the majority opinion or the modern trend, we decline to depart from the rule first adopted by this court in Cook v. City of Topeka, 75 Kan. 534, 90 P. 244, and applied with consistency ever The constitutionality of the statute has been challenged in previous cases. The Page 850 issue was ra......
  • Gorrell v. City of Parsons, No. 48509
    • United States
    • United States State Supreme Court of Kansas
    • April 1, 1978
    ...the date was a patently sufficient statement of the time of the happening, and the City could not be misled by the claim. Cook v. Topeka, 75 Kan. 534, 536, 90 P. 244 The motion for summary judgment alleged that the acts complained of in the petition were governmental in nature, and that the......
  • Request a trial to view additional results
25 cases
  • Dunn v. Boise City, 4738
    • United States
    • United States State Supreme Court of Idaho
    • December 27, 1927
    ...ordinance, and not otherwise." (C. S., sec. 3847; 28 Cyc. 1447 (c); 12 Second Dec. Dig., Munic. Corp., sec. 812; Cook v. City of Topeka, 75 Kan. 534, 90 P. 244.) The object or purpose of these statutes is to enable the town authorities to examine the place shortly after the alleged injury w......
  • Myers v. Board of County Com'Rs of Jackson County, No. 92,184.
    • United States
    • United States State Supreme Court of Kansas
    • February 3, 2006
    ...at 1206. In addition, the Zeferjohn court relied on Mowery v. Kansas City, 115 Kan. 61, 62, 222 Pac. 126 (1924), and Cook v. Topeka, 75 Kan. 534, 536, 90 Pac. 244 (1907), interpreting the statutory predecessors to 12-105b, which required written notice to be provided to the city clerk. Howe......
  • Workman v. City of Emporia, No. 44869
    • United States
    • United States State Supreme Court of Kansas
    • December 9, 1967
    ...the majority opinion or the modern trend, we decline to depart from the rule first adopted by this court in Cook v. City of Topeka, 75 Kan. 534, 90 P. 244, and applied with consistency ever The constitutionality of the statute has been challenged in previous cases. The Page 850 issue was ra......
  • Gorrell v. City of Parsons, No. 48509
    • United States
    • United States State Supreme Court of Kansas
    • April 1, 1978
    ...the date was a patently sufficient statement of the time of the happening, and the City could not be misled by the claim. Cook v. Topeka, 75 Kan. 534, 536, 90 P. 244 The motion for summary judgment alleged that the acts complained of in the petition were governmental in nature, and that the......
  • Request a trial to view additional results

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