Trezise v. Highway Commission

The opinion of the court was delivered by

Thiele, J.:

Plaintiff brought an action to recover damages sustained by reason of an alleged defect in a bridge on a state highway. The trial court sustained a demurrer to his evidence, and he appeals.

As far as it is now necessary to notice, plaintiff’s petition alleged that about 2 o’clock a. m. on July 18, 1937, he was driving his automobile south on highway 63 at a point where a highway bridge crossed Bartlett creek one-half mile northwest of Emmett, Kan.; that not exceeding thirty minutes prior to the time plaintiff reached the bridge it had…