Kelley v. Broce Construction Co., Inc.

The opinion of the court was delivered by

Hatcher, C.:

This is an appeal from a judgment in an action for injuries resulting from a defect in a highway.

The facts must be stated at some length. For the purpose of some brevity F. Dean Kelley, the plaintiff and appellee, will be referred to as Kelley; the State Highway Commission of the State of Kansas, defendant and appellant, will be referred to as Highway Commission, and the Broce Construction Company, Inc., defendant and appellant, will be referred to as Broce.

The allegedly defective highway located in Stevens County Kansas was designated U.…