Lyke v. State Highway Commission

The opinion of the court was delivered by

Harvey, C. J.:

This was an action for damages resulting from a collision of two trucks alleged to have been caused by a defect in the state highway. The trial court sustained a demurrer to plaintiff’s petition and he has appealed.

A north and south state highway, known as K-99, at a point between Eureka and Severy, in Greenwood county, is intersected at right angles by an east-and-west state highway known as K-96. Each of these highways is improved by a roadway 28 feet wide. At a point on K-99 about 500 feet south of the intersection there is a highway…