Kansas Statutes Annotated
K.S.A. § 68-301 (2026)
✓ current as of May 2026
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68-301.
History: R.S. 1923, 68-301; L. 1947, ch. 340, § 1; Repealed, L. 1979, ch. 186, § 33; July 1.
Notes of Decisions
Cited in 16
cases, 1925–1986 · leading case: Schmeck v. City of Shawnee, 651 P.2d 585 (Kan. 1982).
Schmeck v. City of Shawnee, 651 P.2d 585 (Kan. 1982). “It is important to bear in mind there is a marked distinction in this state between the liability of a city and that of the state, county or township.”
Thomas Ex Rel. Thomas v. Bd. of Twp. Trs., 582 P.2d 271 (Kan. 1978). “This action was brought to recover damages against defendant Salem Township in Sedgwick county under K.S.A. 68-301, which provides in pertinent part as follows: “68-301.”
Anthony Aubertin v. Bd. of Cnty. Commissioners of Woodson Cnty., Kansas, 588 F.2d 781 (10th Cir. 1978). “Count 1 was based on the so-called “highway defect” statute, K.S.A. § 68-301, which provides, in pertinent part, as follows: Any person who shall without contributing negligence on his part sustain damage by reason of any defective bridge, culvert, or highway, may recover such…”
Stueve v. Am. Honda Motors Co., Inc., 457 F. Supp. 740 (D. Kan. 1978). “K.S.A. § 68-301, a counterpart to K.S.A. § 68-419, by its terms imposes liabil *756 ity on townships for road defects, but only when a plaintiff is not contributorily negligent.”
Flax v. Kansas Tpk. Auth., 596 P.2d 446 (Kan. 1979). “68-419), county or township road (K.S.A. 68-301), or city street ( Grantham v.”
Klinzmann v. Beale, 670 P.2d 67 (Kan. Ct. App. 1983). “” This instruction was based on the highway defect statute, K.S.A. 68-301 (Weeks) (repealed, L. 1979, ch.”
Bohm v. Racette, 236 P. 811 (Kan. 1925). “The plaintiffs seek to recover under section 68-301 of the Revised Statutes, which reads: “Any person who shall, without contributing negligence on his part, sustain damage! by reason of any defective bridge, culvert or highway may recover such damage from the county or township…”
Carpenter v. Johnson, 649 P.2d 400 (Kan. 1982). “*785 Carpenter, the plaintiff-appellant in this action, argues the general law in Kansas before the Tort Claims Act recognized the right of a person to sue the government for damages sustained resulting from the negligent failure to post warning of a curve or turn.”
Carder v. Grandview Twp., 573 P.2d 1121 (Kan. Ct. App. 1978). “This action was brought pursuant to K.S.A. 68-301 which imposes liability upon townships for damages caused by highway defects.”
Finkbiner v. Clay Cnty. Kansas, 714 P.2d 1380 (Kan. 1986). “Before 1887, counties and townships, being quasi-corporate subdivisions of the state, were not liable in damages for any injuries sustained because of the negligence of their officers or employees in the construction or maintenance of highways. In 1887, the legislature, by…”
Brown v. Wichita State Univ., 540 P.2d 66 (Kan. 1975). “Kansas Turnpike Authority, *295 supra, we were confronted with the question whether the Turnpike Authority was immune from liability for personal injuries resulting from the creation or maintenance of a nuisance.”
Kennedy v. City of Sawyer, 608 P.2d 1379 (Kan. Ct. App. 1980). “Thomas , also a highway defect case, concerned the statutory liability of a township arising out of K.S.A. 68-301 (since repealed). It was held liability under that statute was a statutory strict liability not based on negligence (due care no defense) and although the language…”
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