Collins v. Kansas State Highway Commission

The opinion of the court was delivered by

Dawson, J.:

This was an action for damages for injuries sustained in an automobile accident caused by a defect in the highway, U. S. 40-N., about a mile west of Goodland.

It appears that on the afternoon of October 7, 1931, the plaintiff was riding westward on the highway at a speed of thirty to thirty-five miles per hour. Her adult son was at the wheel and he held plaintiff’s infant grandchild between his knees. The road was graveled, and the weather was dry and clear. About a mile west of Goodland the road slopes gently into a swale known as Sappy…