MILLER v. KANSAS TURNPIKE AUTHORITY

No. 43,480

193 Kan. 18 (1964)

392 P.2d 89

LARRY G. MILLER, Appellee, v. THE KANSAS TURNPIKE AUTHORITY, Appellant.

Supreme Court of Kansas.

Opinion filed May 9, 1964.


Attorney(s) appearing for the Case

George B. Powers and William P. Timmerman, both of Wichita, argued the cause, and George D. McCarthy, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris, Gerald Sawatzky, Donald L. Cordes, Robert L. Howard, and Charles J. Woodin, all of Wichita, were with them on the briefs for the appellant.

Keith E. Sanborn and Vincent L. Bogart, both of Wichita, argued the cause, and William P. Higgins, of Wichita, was with them on the briefs for the appellee.

Harry T. Coffman, W.W. Baldock, and J. Stephen Jones, all of Lyndon, were on the briefs amicus curiae.


The opinion of the court was delivered by

ROBB, J.:

This is an appeal from the trial court's order overruling the demurrer of the Kansas Turnpike Authority attacking plaintiff Miller's amended petition consisting of a first count, sounding in tort for recovery of damages by reason of personal injury and property damage, and a second count, sounding in breach of an implied warranty that the turnpike was suitable and safe for vehicular traffic thereon when operated...

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