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SHIELDS v. STATE HIGHWAY COMMISSION

Nos. 39,793 and 39,794

178 Kan. 342 (1955)

286 P.2d 173

JIMMIE LEE SHIELDS, Appellee, v. THE STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellant. CHARITY ELAINE SHIELDS, Appellee, v. THE STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed July 6, 1955.

Attorney(s) appearing for the Case

Donald C. Amrein and Connie Achterberg, both of Topeka, argued the cause, and W.B. Kirkpatrick, assistant attorney general, was with them on the briefs for the appellant.

Oren Gray, of Parsons, and Payne H. Ratner, Jr., of Wichita, argued the cause, and James Phillips, of Parsons, and Payne H. Ratner, Louise Mattox, Russell Cranmer, Dale B. Stinson, Jr., Keith Eales, Cliff W. Ratner, William L. Frey, and A. Wayne Murphy, all of Wichita, were with them on the briefs for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This is a consolidation of two cases brought pursuant to the provisions of G.S. 1949, 68-419, to recover damages allegedly caused by a defect in a state highway. The amended petition, the demurrer thereto, and the answer of the defendant, in each case, are identical insofar as they have application to the question involved herein, and the cases will be treated as...

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