Hartford Fire Insurance v. County of Red Willow

I dissent. The defendant presents and argues three questions. These must be answered contrary to defendant’s contentions if the judgment of the trial court is to be affirmed. The majority neither mentions nor answers two of the questions. The answer given to one is erroneous in my opinion.

Plaintiff alleged that the car involved in this accident was being driven with due care and under proper control when it was “thrown and precipitated” into a hole in the road which was “completely hidden” from the sight and view; that the defendant county had notice or with the exercise of reasonable…