Douglas v. State Highway Commission

The opinion of the court was delivered by

Hutchison, J.:

This was an action to recover damages from the state highway commission on account of injuries sustained by the plaintiff, the proximate cause of which is alleged to have been a defect in state highway No. 7, in Miami county, about a mile north of Hillsdale, and about 100 feet north of a bridge over Cottonwood creek.

The answer was a general denial with ‘a plea of contributory negligence. The case was tried by a jury, which failed to agree upon a verdict, and it was on that account discharged. At the close of plaintiff’s evidence defendant…