Opinion
No. 45,373
Opinion filed June 14, 1969.
SYLLABUS BY THE COURT
HIGHWAYS — Defect in County Highway — No Liability. Following the decision in Coffman v. Fisher, 203 Kan. 618, 455 P.2d 490, decided today, wherein a county was held not liable for damages for an alleged defect in a county highway, the judgment appealed from is affirmed.
Appeal from Osage district court; ALEX HOTCHKISS, judge. Opinion filed June 14, 1969. Affirmed.
Stephen Jones, of Lyndon, argued the cause and was on the brief for the appellant.
Adrian M. Farver, county attorney, argued the cause and was on the brief for the appellee.
The opinion of the court was delivered by
This is an action by the administratrix of the estate of Richard M. Coffman, deceased, to recover damages to an automobile, and for pain and suffering undergone by the decedent prior to his death, all growing out of an automobile collision upon a county highway. Liability against the appellee board of county commissioners is predicated upon an alleged defect in the highway.
The determinative issue here is identical to that in the companion case to Coffman v. Fisher, 203 Kan. 618, 455 P.2d 490, this latter action being one by the heirs at law for damages for the alleged wrongful death of Richard M. Coffman as a result of the collision. Under authority of the companion case the judgment appealed from is affirmed.
APPROVED BY THE COURT.
FATZER, J., dissents.