Fann v. State Highway Department

The opinion of the Court was delivered by

Mr. Justice Beease.

This action for personal injuries, alleged to have been sustained by Rylon Fann, an infant, caused by a defective highr way, was commenced on November 7, 1927, in the Court of Common Pleas for Union County. The case was tried before his Honor, Special Judge D. S. Murph, and a jury, on September 14, 1928, and resulted in a verdict for the plaintiff; and from the result, the State Highway Department has appealed.

The suit, one against a department of the state government, was, of course, actually a suit against the state. The action…