Nielsen v. Christensen-Gardner, Inc.

FOLLAND, Justice.

Plaintiff suffered personal injuries when thrown from an automobile in which he was riding as a guest. The automobile was driven through a barricade and over a ditch in the state highway. The defendant was the contractor in charge of resurfacing and repairing the road under contract with the state road commission. From a verdict and judgment in favor of plaintiff, the defendant appeals.

Numerous errors are assigned, but these naturally fall into four classes: (1) That there is no substantial evidence tending to show defendant was negligent with respect to the location and…