M. C. Winters, Inc. v. Eubank

CHADICK, Chief Justice.

Mrs. Helen Eubank was fatally injured the morning of February 3, 1968, in a head-on collision between the automobile she drove and a tractor-trailer rig operated by Jimmy Travis Trail. The collision occurred as Trail’s vehicle (8 feet wide, 50 feet in length) negotiated a detour on Interstate 30 near Rockwall, Texas, at a speed of approximately forty miles per hour.

The detour in the highway was required by a road construction contract the State of Texas, acting through the Highway Commission, made with Austin Bridge Company and M. C. Winters, Inc. Plans for highway…