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SHEEN v. STATE HIGHWAY COMMISSION

Nos. 38,708, 38,707, 38,714

173 Kan. 491 (1952)

249 P.2d 934

RICHARD SHEEN, Appellant, v. STATE HIGHWAY COMMISSION, Appellee HAROLD R. GROAT, Appellant, v. STATE HIGHWAY COMMISSION, Appellee BLACK, SIVALLS & BRYSON, INC., a Corporation, Appellant, v. STATE HIGHWAY COMMISSION, Appellee.

Supreme Court of Kansas.

Opinion filed November 8, 1952.

Attorney(s) appearing for the Case

Edward Rooney, Jacob A. Dickinson, David Prager and Sam A. Crow, all of Topeka, and Melvin O. Nuss and Vernon Nuss, both of Great Bend, were on the briefs for the appellant.

Mason Mahin, attorney for state highway commission, and Robert M. Cowger, of Topeka, were on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, J.:

These are actions against the state highway commission to recover for personal injuries and property damage sustained when a pickup truck overturned on a state highway. In each case, without directing any motion against the petition, the defendant demurred on the ground it failed to state a cause of action. When these demurrers were sustained the plaintiffs perfected the involved appeals which were subsequently...

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