Houdashelt v. State Highway Commission

The opinion of the court was delivered by

Thiele, J.:

This was an action to recover for injuries sustained in an accident on a state highway, and is here on plaintiff’s appeal from an order sustaining a demurrer to his evidence.

Summarized, plaintiff’s petition alleged that the accident occurred on November 23, 1930, about 6:30 p. m., on state highway No. 6 about two miles south of Kimball, and at a point near a bridge or *486culvert; that the highway and the bridge or culvert were defective, in that the culvert was too narrow to permit safe passage, that it was not in the center of the road; that…