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STATE HIGHWAY COMMISSION v. STEELE

No. 47,484

215 Kan. 837 (1974)

528 P.2d 1242

STATE HIGHWAY COMMISSION OF KANSAS, Appellant, v. ETHEL E. STEELE, and RONALD W. STEELE, Appellees.

Supreme Court of Kansas.

Opinion filed December 7, 1974.

Attorney(s) appearing for the Case

R. Daniel Lykins, of Topeka, argued the cause, and Edward M. Swan, of Topeka, was with him on the brief for the appellant, State Highway Commission.

Warren D. Andreas, of McSpadden and Andreas, of Winfield, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

KAUL, J.:

This action was brought by the State Highway Commission (hereafter referred to as the Commission) pursuant to K.S.A. 8-5,124 [Repealed, L. 1974, Ch. 587, Sec. 8-2205 and will appear as K.S.A. 1974 Supp. 8-1913] to recover damages to a bridge, which occurred when it was struck by an automobile owned by defendant-appellee Ethel E. Steele and driven by defendant-appellee Ronald W. Steele.

The sole question...

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