Phillips v. State Highway Commission

The opinion of the court was delivered by

Smith, J.:

This was an action to recover damages for injuries sustained in an automobile collision. Judgment was for plaintiff overruling a demurrer to the petition of plaintiff. Defendant appeals.

The action was brought under the provisions of G. S. 1935, 68-*113419, commonly known as the defective highway statute. The petition alleged that plaintiff was driving north upon what is referred to as a secondary road; that as the car in which she was riding approached the intersection of the secondary road and state highway No. 4 the driver of the car was…