Reynolds v. J. C. Critcher, Inc.

The crucial question to be determined on this appeal is whether the defendants, or any of them, were under a duty, imposed by the terms of their contracts with the State Highway Commission, *312or by statutory or other legal provision, to maintain Dark Ridge Road in a safe condition at the time of the plaintiffs’ accident.

It is provided in Article Two of the contracts of both Nello L. Teer Company and J. C. Critcher, Inc. with the State Highway Commission, that: “It is understood and agreed by and between the parties hereto that all the construction and work included in this contract is to be…