HOLLAND v. STATE HIGHWAY COMMISSION

No. 37,925

169 Kan. 584 (1950)

219 P.2d 1063

P.E. HOLLAND, Appellee, v. STATE HIGHWAY COMMISSION OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed July 8, 1950.


Attorney(s) appearing for the Case

Stanley Taylor, assistant attorney general, of El Dorado; Alfred J. Anderson, of Iola; W.H. Vernon, of Larned; Riley W. MacGregor, of Medicine Lodge, and Harold Steinrauf, of Topeka, were on the briefs for the appellant.

John A. Etling, and W.N. Beezley, both of Kinsley, were on the briefs for the appellee.


The opinion of the court was delivered by

HARVEY, C.J.:

Plaintiff brought this action under G.S. 1935, 68-419, to recover damages to his automobile which, with his consent, was being driven by another upon a described state highway, and which damages were alleged to have resulted from a defect in the state highway. Defendant's demurrer to plaintiff's amended petition was overruled and it has appealed.

The damages to plaintiff's car grew out of the...

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