Stafford Const. Co., Inc. v. Martin

OPINION

OSBORN, Justice.

This is an appeal by Writ of Error from a default judgment. The judgment is reversed and the cause remanded for a trial on the merits.

Burt Martin, individually and as next friend for Burt Martin, Jr., alleged that on November 9, 1974, his son sustained severe personal injuries in a two-vehicle accident on State Highway 83 between Seagraves and Denver City, Texas. He alleged that at the accident site, the highway was under construction and that Stafford Construction Company, Inc., who was doing the construction and repair work, was negligent and that such negligence was…