Moore v. State Highway Commission

The opinion of the court was delivered by

Thiele, J.:

Plaintiff brought an action to recover damages from the state highway commission. The trial court sustained a demurrer to her petition and she appeals to this court.

The question presented is whether a particular highway was defective within the meaning of G. S. 1935, 68-419, and the petition will be reviewed in view of that question.

It was alleged that about one-half mile west of Augusta, Kan., U. S. Highway No. 54, hereafter called the highway, which there runs east and west and is under the control and supervision of the defendant, is…