Smith v. State Highway Commission

185 Kan. 445 (1959)

346 P.2d 259

AMOS SMITH and VIOLA SMITH, his wife, Appellees,

v.

STATE HIGHWAY COMMISSION OF KANSAS, Appellant.

No. 41,440

Supreme Court of Kansas.

Opinion filed November 7, 1959.

Charles J. Carroll, of Topeka, argued the cause, and W.B. Kirkpatrick, Assistant Attorney General, Jerry Ann Foster, of Topeka, and Robert E. Ferguson, of Marysville, were with him on the brief for appellant.

Harry A. Lanning, of Seneca, argued the cause, and William M. Drumm, also of Seneca, was with him on the brief for appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This appeal arises…