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SUMMERS v. STATE HIGHWAY COMMISSION

Nos. 39,753, 39,754

178 Kan. 234 (1955)

284 P.2d 632

FRANCES SUMMERS, Appellee, v. STATE HIGHWAY COMMISSION OF KANSAS, Appellant. WALTER E. SUMMERS, Appellee, v. STATE HIGHWAY COMMISSION OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed June 11, 1955.

Attorney(s) appearing for the Case

Roy G. Lowe, of Topeka argued the cause, and Wm. B. Kirkpatrick, assistant attorney general, was with him on the brief for the appellant.

H. Newlin Reynolds, of Hutchinson, argued the cause, and Roy C. Davis, Frank S. Hodge, Eugene A. White, and Robert Y. Jones, all of Hutchinson, were with him on the brief for the appellees.

The opinion of the court was delivered by

THIELE, J.:

Frances Summers and her husband Walter E. Summers were injured in a single accident allegedly caused by a defect in a state highway. Each commenced an action against the State Highway Commission to recover damages. The commission's demurrers to their petitions were overruled and it has appealed. As the question for decision is common to both appeals, they have...

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