Whitaker v. Jones, McDougald, Smith, Pew Co.

While a ditch was dug across the _street for the purpose of installing a water or sewer pipe, neither the ditch nor the physical condition of the private road or street impeded, interfered with, or affected in any way the manner in which the plaintiff was crossing the street when hit by an automobile traveling thereon. It seems to us, therefore, construing the petition most strongly against the pleader, that it comes to the question of the plaintiff contending that the defendant did not use due care in regulating the traffic of pedestrians and automobiles driven by strangers, or its…