Bohrer v. Kansas State Highway Commission

The opinion of the court was delivered by

Harvey, J.:

Plaintiff, as guardian of three minors, of the ages of twenty, eighteen and seven years, brought this action for the wrong*926ful death of their parents, alleged to have been caused by defects in a state highway. A general demurrer to the petition was overruled, and defendant has appealed.

The statute (R. S. 1931 Supp. 68-419) under which the action was brought, contains these provisos:

“Provided, That no such action shall be maintained unless within ninety days after the sustaining of such damage, written notice, stating the date, when, and place…