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EARNEST v. STATE HIGHWAY COMMISSION

No. 40,753

182 Kan. 357 (1958)

320 P.2d 847

LARRY K. EARNEST and GERALDINE J. EARNEST, Next of Kin of Gary Brent Earnest, deceased, Appellees, v. THE KANSAS STATE HIGHWAY COMMISSION, Appellant.

Supreme Court of Kansas.

Opinion filed January 25, 1958.

Attorney(s) appearing for the Case

Roy G. Lowe, of Olathe, argued the cause, and Wm. B. Kirkpatrick, Assistant Attorney General, was with him on the briefs for the appellant.

Don B. Slechta, of Russell, argued the cause, and Robert L. Earnest, of Russell, was with him on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

This is an action against the state highway commission by the parents of a six-year-old boy to recover for his death, alleged to have been proximately caused by a defect in a state highway.

The commission has appealed from an order overruling its demurrer to the petition.

The sole question is whether the petition sufficiently alleges a defect within...

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