Martin v. State Highway Commission

The opinion of the court was delivered by

Foth, C.:

This is an appeal by the state highway commission from a judgment against it for personal injuries attributed to an alleged highway defect.

In the early morning hours of January 5, 1969, nineteen-year-old Kerry N. Martin was a passenger in a car owned and driven by his friend, Luke Franzen. The boys had been on a double date, spending the evening at Luke’s sister’s house in Topeka listening to music, drinking beer and eating pizza. Some time after midnight they took their dates home, dropping one girl off in Cullen Village, at the south edge of…