Toler v. Hawkins

The defendant in error, Lillian Hawkins, plaintiff below, recovered a verdict and judgment against the plaintiff in error, George G. Toler, defendant below, in an action for damages for personal injuries, from which judgment the defendant appealed. For convenience the parties will be referred to herein as designated in the trial court.

The defendant, a contractor, was constructing an overpass on the public highway over and across railroad tracks just north of the town of Mounds and a strip of paving about four-tenths of a mile approaching same. As a part of his contract he was to break up the…