Repealed

68-301. History: R.S. 1923, 68-301; L. 1947, ch. 340, § 1; Repealed, L. 1979, ch. 186, § 33; July 1. Source or Prior Law: L. 1887, ch. 237, § 1. CASE ANNOTATIONS 1. What plaintiff, under this section, must allege and prove. Falls Township v. Stewart, 3 Kan. App. 403, 410, 42 P. 926. 2. Bridge built and repaired at the expense of the county. Nemaha County v. Allbert, 6 Kan. App. 165, 168, 51 P. 307. 3. Superstructure of bridge removed under contract with county commissioners; notice. Atchison County v. Sullivan, 7 Kan. App. 152, 154, 53 P. 142. 4. Removal of superstructure creating defect contemplated by act. Atchison County v. Sullivan, 7 Kan. App. 152, 154, 53 P. 142. 5. Defect in highway; petition held to state cause of action. Pleasant Grove Township v. Ware, 7 Kan. App. 648, 649, 53 P. 885. 6. Injuries from defective highway; contributory negligence; burden of proof. Township v. Guldner, 7 Kan. App. 699, 701, 51 P. 943. 7. Actual knowledge of trustee, of patent defect, is sufficient. Madison Township v. Scott, 9 Kan. App. 871, 61 P. 967. 8. Liability of township for defective highway, question for jury. Lincoln Township v. Loenig, 10 Kan. App. 504, 506, 63 P. 90. 9. Township not liable under this section for failure to maintain watermarks. Township of Quincy v. Sheehan, 48 Kan. 620, 622, 29 P. 1084. 10. Not necessary that highway shall first be improved. Reading Township v. Telfer, 57 Kan. 798, 799, 48 P. 134. 11. Opinion evidence not competent as to safety of bridge. Murray v. Woodson County, 58 Kan. 1, 2, 48 P. 554. 12. Information of defect must be conveyed to chairman of board. Murray v. Woodson County, 58 Kan. 1, 2, 48 P. 554. 13. Ordinary care and diligence required in discovery of defects. Murray v. Woodson County, 58 Kan. 1, 2, 48 P. 554. 14. Section applies to persons rightfully under bridge. Vickers v. Cloud County, 59 Kan. 86, 88, 89, 52 P. 73. 15. Township highway; must show trustee's actual knowledge of insufficiency. McFarland v. Emporia Township, 59 Kan. 568, 53 P. 864. 16. Stricter proof required of dangers outside, than defects inside highway. McFarland v. Emporia Township, 59 Kan. 568, 53 P. 864. 17. Sufficient notice to county of defective bridge. Cloud County v. Vickers, 62 Kan. 25, 61 P. 391. 18. Actual notice is required. Hari v. Ohio Township, 62 Kan. 315, 62 P. 1010. 19. Injuries from defective township highway; contributory negligence. Wetmore Township v. Chamberlain, 64 Kan. 327, 67 P. 845. 20. Liability of county for damages from defective bridge; threshing machine lost. Foster v. Lyon County, 68 Kan. 164, 74 P. 595. 21. Defense that officers had exercised ordinary care insufficient. Cunningham v. Clay Township, 69 Kan. 373, 376, 76 P. 907. 22. Notice essential to recover against county is actual personal notice. Parr v. Shawnee County, 70 Kan. 111, 113, 114, 78 P. 449. 23. Actual knowledge of defect is equivalent to actual notice. Erie Township v. Beamer, 71 Kan. 182, 183, 79 P. 1070. 24. County not liable for acts of board unless statutory liability. Silver v. Clay County, 76 Kan. 228, 230, 91 P. 55. 25. Liability created, after notice, when bridge allowed to remain defective. Silver v. Clay County, 76 Kan. 228, 231, 91 P. 55. 26. Proof held insufficient to establish actual notice to trustee. Valley Township v. Stiles, 77 Kan. 557, 558, 95 P. 572. 27. Bridge cast water on plaintiff's land; damages not allowed. Shawnee County v. Jacobs, 79 Kan. 76, 78, 99 P. 817. 28. Evidence showing knowledge of chairman sufficient as against a demurrer. Mosier v. Butler County, 82 Kan. 708, 709, 109 P. 162. 29. Township not liable to employee for negligence of its officers. Fisher v. Township, 87 Kan. 674, 678, 125 P. 94. 30. Dangerous place in road left unguarded constitutes defective highway. Higman v. Quindaro Township, 89 Kan. 476, 478, 132 P. 215. 31. Insufficient culvert, nuisance, may be abated. Murphy v. Fairmount Township, 89 Kan. 760, 764, 133 P. 169. 32. Traction engine; party must comply with law to recover damages. Costello v. Riley County, 91 Kan. 532, 533, 535, 138 P. 639. 33. Allegation of statutory notice necessary to recover. Higman v. Quindaro Township, 91 Kan. 673, 674, 139 P. 403. 34. Bridge constructed jointly by county and township; defect; county liable. Mosier v. Butler County, 91 Kan. 825, 828, 139 P. 414. 35. Counties and townships not held liable until enactment of statute. Harper v. City of Topeka, 92 Kan. 11, 14, 139 P. 1018. 36. Actual knowledge of township trustee held sufficient notice of defect. Sims v. Williamsburg Township, 92 Kan. 636, 141 P. 581. 37. Absence of guardrails held to constitute defective bridge. Olsson v. Lawrence Township, 93 Kan. 440, 442, 144 P. 997. Modified: 99 Kan. 42, 100 P. 140. 38. Evidence considered and held county commissioner had notice of defect. Abbott v. Wyandotte County, 94 Kan. 553, 146 P. 998. 39. Actual notice of officer may be established by circumstantial evidence. Watkins v. Harper County, 95 Kan. 166, 147 P. 822. 40. Damages alleged must fall strictly within statute. Rothrock v. Douglas County, 98 Kan. 286, 288, 158 P. 19. 41. Contributory negligence bars recovery for injuries from defective bridge. Rothrock v. Douglas County, 98 Kan. 286, 288, 158 P. 19. 42. Defective township highway; bridge in process of repair; township liability. Amis v. Jewell County, 98 Kan. 321, 322, 158 P. 52. 43. Notice by actual knowledge from Monday to Saturday satisfies statute. Amis v. Jewell County, 98 Kan. 321, 322, 158 P. 52. 44. Absence of safeguard constitutes defect. Amis v. Jewell County, 98 Kan. 321, 322, 158 P. 52. 45. Defective highway; frightened horse; proximate cause; petition insufficient. Norris v. Ross Township, 98 Kan. 394, 396, 161 P. 582. 46. Defective bridge on county line; damages; liability of adjacent townships. Olsson v. Lawrence Township, 99 Kan. 42, 43, 160 P. 995. 47. Township records competent to establish road district boundaries. Olsson v. Lawrence Township, 99 Kan. 42, 43, 160 P. 995. 48. Bridge built by township trustee; inference of authority. Olsson v. Lawrence Township, 99 Kan. 42, 43, 160 P. 995. 49. Defective guardrails on township bridge; personal injuries; evidence sustains judgment. Holcomb v. Clifton Township, 102 Kan. 44, 46, 169 P. 211. 50. Statutory notice of defect required; notice must be actual. Wagner v. Edwards County, 103 Kan. 719, 721, 176 P. 140. 51. County not liable for defects unless highway designated county highway. Irwin v. Finney County, 106 Kan. 171, 174, 186 P. 975. 52. Statute not unconstitutional as embracing more than one subject. Dubourdieu v. Delaware Township, 106 Kan. 650, 653, 655, 189 P. 386. 53. Legislature considered bridge as constituting part of highway. Dubourdieu v. Delaware Township, 106 Kan. 650, 653, 655, 189 P. 386. 54. Amendatory legislation has not repealed act by implication. Dubourdieu v. Delaware Township, 106 Kan. 650, 653, 655, 189 P. 386. 55. Defective highway was township road; instructions commented upon. Dubourdieu v. Delaware Township, 106 Kan. 650, 653, 655, 189 P. 386. 56. Presentation of claim for damages occasioned by defective highway. Leisenring v. Pleasant Hill Township, 108 Kan. 29, 30, 193 P. 893. 57. Insufficient evidence of notice of defect to township trustee. Leisenring v. Pleasant Hill Township, 108 Kan. 29, 30, 193 P. 893. 58. Legislation applicable to Wyandotte county; township not liable for defect. Gratney v. Wyandotte County, 111 Kan. 160, 162, 169, 176, 177, 178, 207 P. 209. 59. Evidence established notice and knowledge of township trustee of defect. Joyce v. Quindaro Township, 112 Kan. 513, 212 P. 68. 60. Five days' notice to officer of defect in road must be established. Watson v. Parker Township, 113 Kan. 130, 132, 213 P. 1051, 1052; Burgess v. Center Township, 115 Kan. 346, 350, 223 P. 475; Rosenbaugh v. Allen County Comm'rs, 120 Kan. 266, 267, 243 P. 277; Shaw v. Lyon County Comm'rs, 126 Kan. 319, 267 P. 1096. 61. Defective highway is public road which is dangerous to traveling public. Watson v. Parker Township, 113 Kan. 130, 135, 213 P. 1051, 1052. 62. Omission of duty creates defect in highway within statute. Story v. Brown County, 116 Kan. 300, 302, 226 P. 772. 63. Untrimmed hedge fence not defect in highway within statute. Bohm v. Racette, 118 Kan. 670, 672, 236 P. 811. 64. Widow may sue for death of husband caused by defective highways. Snyder v. Pottawatomie County Comm'rs, 120 Kan. 659, 662, 245 P. 162. 65. Recovery for defective highway only from county wherein highway located. Cunningham v. Rice County Comm'rs, 121 Kan. 269, 270, 246 P. 526. 66. Question of contributory negligence, where defective highway alleged, for jury. Bringle v. Gale Township, 127 Kan. 115, 272 P. 126. 67. Answer held sufficient upon which to base finding of contributory negligence. Knox v. Stevens County Comm'rs, 128 Kan. 22, 23, 276 P. 84. 68. Death from defect; burden of proving contributory negligence is on county. Wagner v. Clay County Comm'rs, 128 Kan. 127, 129, 276 P. 74. 69. Elements of proof necessary to be established discussed; notice required. Arnold v. Coffey County Comm'rs, 131 Kan. 343, 345, 291 P. 762. 70. Findings set aside; chairman of commissioners did have required knowledge of defects. McGuire v. Ellis County Comm'rs, 133 Kan. 225, 226, 299 P. 945. 71. Cited in considering state highway commission's liability under K.S.A. 68-419. Collins v. State Highway Comm., 134 Kan. 278, 283, 5 P.2d 1106. 72. Trustees' notice of defect and plaintiff's contributory negligence shown. Mowrer v. Osage Township, 135 Kan. 278, 279, 10 P.2d 906. 73. Walking into ditch off traveled road bars recovery. Arnold v. Coffey County Comm'rs, 135 Kan. 551, 553, 11 P.2d 729. 74. Cited in holding attachment action against state highway commission not authorized. Barker v. Hufty Rock Asphalt Co., 136 Kan. 834, 835, 18 P.2d 568. 75. Cited in discussing language necessary to create liability of municipality. Simpson v. Kansas City, 137 Kan. 915, 918, 22 P.2d 955. 76. Cited in construing K.S.A. 68-419 (dissenting opinion). Collins v. State Highway Comm., 138 Kan. 629, 632, 27 P.2d 216. 77. Question of contributory negligence is inherent in actions hereunder. Farnsworth v. Delaware Township, 142 Kan. 503, 506, 51 P.2d 59. 78. Injury occurring on abandoned driveway to farm; recovery denied. Cowan v. Rockford Township, 142 Kan. 698, 699, 52 P.2d 623. 79. Evidence of notice held sufficient; notice to former chairman is sufficient. Lawson v. Sumner County Comm'rs, 144 Kan. 450, 453, 61 P.2d 1365. 80. Sufficiency of petition as against demurrer considered. Neiswender v. Topeka Township, 148 Kan. 113, 114, 115, 79 P.2d 839. 81. Evidence held insufficient to establish notice; cases on notice reviewed. Backstrom v. Ogallah Township, 149 Kan. 553, 558, 88 P.2d 1026. 82. Sufficiency of notice generally discussed. Neiswender v. Shawnee County Comm'rs, 151 Kan. 574, 577, 101 P.2d 226. 83. Evidence held insufficient to prove township trustee had notice of defect. Kinzie v. New Gottland Township, 152 Kan. 725, 727, 107 P.2d 707. 84. Township's liability for defective road is limited to breach of statutory requirements. Sell v. McPherson Township, 152 Kan. 731, 733, 107 P.2d 670. 85. Notice, actual knowledge of defective condition sufficient; instructions. Neiswender v. Shawnee County Comm'rs, 153 Kan. 634, 636, 642, 644, 113 P.2d 115. 86. County's liability for defective road is limited to breach of statutory requirements. Wilson v. Barber County Comm'rs, 154 Kan. 525, 119 P.2d 502. 87. Inapplicable when workman injured while repairing abutment of bridge. Clapham v. Miami County Comm'rs, 158 Kan. 685, 687, 149 P.2d 344. 88. Action for damages hereunder; petition held to state cause of action. Thompson v. Morris County Comm'rs, 170 Kan. 74, 75, 76, 77, 223 P.2d 749. 89. Mentioned; petition held not to allege highway defect within purview of K.S.A. 68-419. Summers v. State Highway Commission, 178 Kan. 234, 236, 284 P.2d 632. 90. Five-day notice is mandatory prerequisite to liability. Rockhold v. Board of County Commissioners, 181 Kan. 1019, 1020, 1021, 1022, 1024, 317 P.2d 490. 91. Defect within meaning of K.S.A. 68-419 held question of law. Cronin v. State Highway Commission, 182 Kan. 42, 44, 318 P.2d 1066. 92. Bridge collapsed by falling tree; defect within purview of section. Schmidt v. Board of County Commissioners, 188 Kan. 496, 498, 499, 363 P.2d 539. 93. Mandatory requisites to liability stated, discussed and applied; notice of defect not established by evidence. Bishop v. Board of County Commissioners, 188 Kan. 603, 604, 605, 606, 607, 609, 611, 364 P.2d 65. 94. Pleadings alleged negligence; did not allege defect within meaning of section. Wilburn v. Boeing Airplane Co., 188 Kan. 722, 723, 728, 733, 366 P.2d 246. 95. Bridge having bad surface and defective guardrails found defective under this section, although guardrail requirement removed from predecessor statute. Noblit v. Board of County Commissioners, 190 Kan. 586, 587, 589, 590, 591, 592, 594, 597, 376 P.2d 872. 96. Repaired bridge surface slick when wet; held not to be defect contemplated by statute. Dunlap v. Lawless, 192 Kan. 686, 687, 689, 690, 691, 391 P.2d 70. 97. Legislature by providing liability recognizes that absent such statute role of immunity would prevail. Caywood v. Board of County Commissioners, 194 Kan. 419, 433, 399 P.2d 561. 98. Ruling that petition did not state defect within meaning of section not reviewed on appeal. Lackey v. Medora Township, 194 Kan. 794, 795, 401 P.2d 911. 99. Mentioned; liability of a city for defect in street. Grantham v. City of Topeka, 196 Kan. 393, 397, 400, 411 P.2d 634. 100. Mentioned; "governmental immunity" of operation of university of Kansas medical center considered. McCoy v. Board of Regents, 196 Kan. 506, 510, 413 P.2d 73. 101. Mentioned; stop sign defectively installed on side of state highway within purview of K.S.A. 68-419; liability. Brown v. State Highway Commission, 202 Kan. 1, 5, 11, 12, 444 P.2d 882. 102. Whether alleged defect comes within purview of statute is question of law in absence of factual dispute. Coffman v. Fisher, 203 Kan. 618, 621, 624, 455 P.2d 490. 103. Section creates statutory liability for defects in highways; does not impose liability for general negligence. Coffman v. Fisher, 203 Kan. 618, 621, 624, 455 P.2d 490. 104. Liability of city hereunder distinguished from nonstatutory liability resulting from overflow of surface waters occasioned by city. Welch v. City of Kansas City, 204 Kan. 765, 769, 465 P.2d 951. 105. Cited; what constitutes a "defect" under statute determined by case-by-case approach. Martin v. State Highway Commission, 213 Kan. 877, 880, 518 P.2d 437. 106. Notice requirement met when township trustee admitted prior knowledge of defect. Carder v. Grandview Township, 2 Kan. App. 2d 7, 8, 573 P.2d 1121. 107. Comparative negligence act (K.S.A. 60-285a) applicable to actions brought hereunder. Thomas v. Board of Trustees of Salem Township, 224 Kan. 539, 541, 542, 543, 544, 546, 547, 582 P.2d 271. 108. Section construed; in action for damages for personal injuries court held this section not violative of equal protection clause; damages. Auberton v. Board of Cty. Com'rs of Woodson Cty., 588 F.2d 781. 109. Mentioned in holding governmental immunity statute unconstitutional when applied to the Kansas turnpike authority for turnpike defects. Flax v. Kansas Turnpike Authority, 226 Kan. 1, 6, 596 P.2d 446. 110. City had common-law duty to keep its streets reasonably safe. Schmeck v. City of Shawnee, 232 Kan. 11, 17, 22, 23, 651 P.2d 585 (1982). 111. Section makes a statutory definition of actionable negligence. Klinzmann v. Beale, 9 Kan. App. 2d 20, 23, 670 P.2d 67 (1983). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026