Pennington v. Kansas Turnpike Authority

The opinion of the court was delivered by

Robb, J.:

This is an appeal from an order of the trial court overruling a demurrer of the Kansas Turnpike Authority to the petition of plaintiff in which he seeks to recover damages as a result of construction activities on the Kansas Turnpike.

For convenience and clarity we shall hereafter refer to the appellant as K. T. A., to appellee as plaintiff, and to the Kansas Turnpike as the turnpike. All statutes involving the turnpike are to be found in G. S. 1955 Supp., 68-2001 to 68-2029, inclusive.

While it is true that at the outset K. T. A. entered a…