Gorges v. State Highway Commission

The opinion of the court was delivered by

Sloan, J.;

This was an action to recover damages growing out of an alleged defect in the public highway. The petition contained the usual and necessary allegations in such cases, and described the alleged defect as follows:

“That on the 22d day of December, 1930, and for some time prior thereto, approximately eight (8) days, said public highway . . . was defective and out of repair and dangerous to public travel in that ice was permitted to accumulate and form upon said highway at said point at a distance of practically one hundred (100) feet, extending…