Owens v. State Highway Dept.

The opinion of the Court was delivered by

Mr. Justice Bonham.

The plaintiff brought his action in December, 1927, to recover damages for personal injuries which he alleges he sustained November 26, 1927, through a collision of plaintiff’s automobile with a motor vehicle in charge of the State Highway Department.

Defendant demurred to the complaint, which demurrer was overruled. Thereupon defendant answered. Before the trial of the case, the Act of 1928 (35 St. at Barge, p. 2055), which regulates the bringing of actions against the Highway Department for injuries and damages arising from defects…