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Miller v. Kansas Turnpike Authority

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eBook details

  • Title: Miller v. Kansas Turnpike Authority
  • Author : Supreme Court of Kansas
  • Release Date : January 09, 1964
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

The opinion of the court was delivered by This is an appeal from the trial court's order overruling the
demurrer of the Kansas Turnpike Authority attacking plaintiff
Miller's amended petition consisting of a first count, sounding
in tort for recovery of damages by reason of personal injury and
property damage, and a second count, sounding in breach of an
implied warranty that the turnpike was suitable and safe for
vehicular traffic thereon when operated at fifty-five to
sixty-five miles per hour and within the maximum and minimum
speed requirements. Highly summarized, the amended petition alleged in the first
count that defendant is an incorporated body politic under G.S.
1959 Supp., 68-2003, and could be served in Sedgwick county. At
2:30 or 3:00 p.m. on April 26, 1961, Miller received a ticket at
the east terminal of the turnpike in Kansas City, Kansas, and
entered the turnpike to drive to Wichita, Kansas, in his 1955
Plymouth Sedan. At 6:00 p.m. when he was approximately 2.3 miles
northeast
[193 Kan. 19]


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