Phillips v. State Highway Commission

The opinion of the court was delivered by

Dawson, C. J.:

This is a second appeal from a ruling of the district court on the pleadings in an action against the state highway commission for injuries sustained by plaintiff when the automobile in which she was riding collided with another automobile at an intersection of public roads a short distance southwest of Topeka.

State highway K4 runs in a westerly direction from the southwest part of Topeka. It is crossed by a secondary road about a mile west of the city limits. On the night of July 26, 1935, the plaintiff *703and one Chester Marmon, whose…