Fuller v. State Highway Commission

*559The opinion of the court was delivered by

Smith, J.:

This is an action against the state highway commission to recover damages on account of a defective highway. Judgment was for plaintiff, overruling a demurrer to the petition. Defendant appeals.

The injury occurred August 30, 1931. Ninety-day notice was served November 28, 1931. Petition was filed November 23, 1933. The action was brought under the provisions of R. S. 1933 Supp. 68-419. That section is one providing for liability of the state to one injured on account of a defect in a state highway. The part of the statute in which we are…