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Holland v. State Highway Commission

Supreme Court of Kansas
Jul 8, 1950
219 P.2d 1063 (Kan. 1950)

Opinion

No. 37,925

Opinion filed July 8, 1950.

SYLLABUS BY THE COURT

Affirmed upon the authority of Perry v. State Highway Commission, 169 Kan. 382, 219 P.2d 659.

Appeal from Edwards district court; LORIN T. PETERS, judge. Opinion filed July 8, 1950. Affirmed.

Stanley Taylor, assistant attorney general, of El Dorado; Alfred J. Anderson, of Iola; W.H. Vernon, of Larned; Riley W. MacGregor, of Medicine Lodge, and Harold Steinrauf, of Topeka, were on the briefs for the appellant.

John A. Etling, and W.N. Beezley, both of Kinsley, were on the briefs for the appellee.


The opinion of the court was delivered by


Plaintiff brought this action under G.S. 1935, 68-419, to recover damages to his automobile which, with his consent, was being driven by another upon a described state highway, and which damages were alleged to have resulted from a defect in the state highway. Defendant's demurrer to plaintiff's amended petition was overruled and it has appealed.

The damages to plaintiff's car grew out of the same circumstances as those involved in the case of Perry v. State Highway Commission, 169 Kan. 382, 219 P.2d 659, and involves legal questions determined in that case, except the right of plaintiff to sue which is not questioned here.

The judgment of the trial court in this case is affirmed upon the authority of our decision in the Perry case.


Summaries of

Holland v. State Highway Commission

Supreme Court of Kansas
Jul 8, 1950
219 P.2d 1063 (Kan. 1950)
Case details for

Holland v. State Highway Commission

Case Details

Full title:P.E. HOLLAND, Appellee, v. STATE HIGHWAY COMMISSION OF KANSAS, Appellant

Court:Supreme Court of Kansas

Date published: Jul 8, 1950

Citations

219 P.2d 1063 (Kan. 1950)
219 P.2d 1063