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ROCKHOLD v. BOARD OF COUNTY COMMISSIONERS

No. 40,649

181 Kan. 1019 (1957)

317 P.2d 490

VILLORA ROCKHOLD, Appellant, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DOUGLAS (KANSAS), Appellee, and (HOWARD E. MILLER and ROBERT EUGENE MILLER, Defendants).

Supreme Court of Kansas.

Opinion filed November 9, 1957.

Attorney(s) appearing for the Case

Robert B. Oyler, of Lawrence, argued the cause, and Raymond F. Rice, of Lawrence, was with him on the briefs for appellant.

John J. Riling, of Lawrence, argued the cause, and Wayne Allphin, Jr., County Attorney, Wesley M. Norwood, Deputy County Attorney, and Eugene Clyde Riling, of Lawrence, were with him on the briefs for appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action to recover damages under the wrongful death statute for the death of plaintiff's son, alleged to have been caused by a defect in a county highway. A separate demurrer to the petition by one of the joint defendants, the Board of County Commissioners of Douglas County, was sustained, and the plaintiff appeals.

Does the petition allege sufficient facts to state a cause of action...

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