concurring: I concur in the opinion as written for *71the majority and add the following remarks. Courts have struggled with the question of governmental immunity for many years. A substantial number of states have abolished or limited the defense in suits against the state but i.t should be pointed out these states had by judicial decree established the doctrine in the first place. Therefore, what they had adopted by judicial decree they abolished by judicial decree.
The colorful dissent of my brother Owsley entirely disregards the fact that the legislature of Kansas codified the defense of governmental immunity in 1970 by enacting into law K.S.A. 46-901. Therefore this court is not following a crooked calf path but is considering the validity of a statute under our constitution. What was once a path of the court was surveyed by the legislature in 1970 and set up as a way to be followed unless it has some constitutional infirmity. I can find none.