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KELLEY v. BROCE CONSTRUCTION CO., INC.

No. 45,602

205 Kan. 133 (1970)

468 P.2d 160

F. DEAN KELLEY, Appellee, v. BROCE CONSTRUCTION COMPANY, INC., and the STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellants.

Supreme Court of Kansas.

Opinion filed April 11, 1970.

Attorney(s) appearing for the Case

Byron G. Larson, of Williams, Larson, Voss and Strobel, of Dodge City, argued the cause and was on the brief for the Broce Construction Company, Inc., appellant.

John H. Morse, Assistant Attorney General, argued the cause, and Barton E. Griffith, Roger K. Weatherby and Thomas H. Bornholdt, Staff Attorneys, and A.E. Kramer, of Kramer, Nordling and Nordling, of Hugoton, were with him on the brief for the State Highway Commission of Kansas, appellant.

Gene H. Sharp, of Vance, Hobble, Neubauer, Nordling and Sharp, of Liberal, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from a judgment in an action for injuries resulting from a defect in a highway.

The facts must be stated at some length. For the purpose of some brevity F. Dean Kelley, the plaintiff and appellee, will be referred to as Kelley; the State Highway Commission of the State of Kansas, defendant and appellant, will be referred to as Highway Commission, and the Broce Construction Company...

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