Miller v. Kansas Turnpike Authority

The opinion of the court was delivered by

Robb, J.:

This is an appeal from the trial court’s order overruling the demurrer of the Kansas Turnpike Authority attacking plaintiff Miller’s amended petition consisting of a first count, sounding in tort for recovery of damages by reason of personal injury and property damage, and a second count, sounding in breach of an implied warranty that the turnpike was suitable and safe for vehicular traffic thereon when operated at fifty-five to sixty-five miles per hour and within the maximum and minimum speed requirements.

Highly summarized, the amended…