Cashin v. State Highway Commission

The opinion- of the court was delivered by

Sloan, J.:

This action is one to recover damages for personal injury. The trial court overruled a demurrer to the petition, from which the defendant appeals.

The petition alleges the residence of the plaintiff and the organization and existence of the state highway commission. The allegations necessary for our consideration are as follows:

“That at all times hereinafter mentioned United States highway No. 40 is and was a part of the state highway system of the state of Kansas, . . . and it was the duty of the defendant to . . . maintain said highway, and…