Collins v. State Highway Commission

The opinion of the court was delivered by

Burch, J.:

The action was one to recover damages from the state highway commission for personal injuries sustained by plaintiff when an automobile in which she was riding, and which was driven by her husband, was overturned by a defect in a state highway. Plaintiff recovered, but on her motion a new trial was granted. Defendant appeals.

Before discussing the accident it will be necessary to determine just what is before the court for consideration.

At the trial defendant demurred to plaintiff’s evidence, and the demurrer was overruled. At the close of all…