Summers v. State Highway Commission

The opinion of the court was delivered by

Thiele, J.:

Frances Summers and her husband Walter E. Summers were injured in a single accident allegedly caused by a defect in a state highway. Each commenced an action against the State Highway Commission to recover damages. The commission’s demurrers to their petitions were overruled and it has appealed. As the question for decision is common to both appeals, they have been consolidated, but in reviewing the allegations reference will be made only to the petition of Frances Summers.

In a preliminary way it may be stated that there is no controversy…