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DRURY v. STATE HIGHWAY COMMISSION

No. 39,179

175 Kan. 667 (1954)

265 P.2d 1022

FRANCES DRURY, Appellant, v. STATE HIGHWAY COMMISSION OF KANSAS, A Corporate Body, Appellee.

Supreme Court of Kansas.

Opinion filed January 23, 1954.

Attorney(s) appearing for the Case

Donald C. Little, of Kansas City, argued the cause, and Martin C. Crawn and Frank L. Bates, both of Kansas City, were with him on the briefs for appellant.

Henry L. Daniels, of Topeka, argued the cause, and Mason Mahin, assistant attorney general, of Smith Center, was with him on the brief for appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

This was an action for damages for personal injuries alleged to have been sustained by reason of a defect in the state highway. Plaintiff seeks to maintain the action under our statute G.S. 1949, 68-419, which, generally speaking, authorizes such an action when plaintiff is free from negligence which contributed to the injuries and the other necessary facts are shown. Defendant answered with a general...

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