Earnest v. Kansas State Highway Commission

The opinion of the court was delivered by

Price, J.:

This is an action against the state highway commission by the parents of a six-year-old boy to recover for his death, alleged to have been proximately caused by a defect in a state highway.

The commission has appealed from an order overruling its demurrer to the petition.

The sole question is whether the petition sufficiently alleges a defect within the meaning of G. S. 1949, 68-419, which provides that any person who shall, without contributing negligence on his part, sustain damage by reason of any defect in a state highway, may recover such…