Womochil v. List & Clark Construction Co.

The opinion of the court was delivered by

Dawson, J.:

This was an action for damages for injuries sustained by plaintiff and caused by the alleged negligence of defendant *696through its failure to put up sufficient warning lights and signs to apprise motorists of an excavation it had made on the public highway.

On the afternoon of April 8, 1931, defendant made an excavation on highway No. 15 in Dickinson county for the purpose of constructing a culvert. The excavation extended the full width of the north- and-south road, and was four to six feet deep and seven or eight feet wide. That evening…