PIONEER CONSTRUCTION COMPANY v. Richardson

Opinion by

Mr. Justice Hodges.

This is a wrongful death action. The plaintiff in error was the defendant in the court below and will be referred to herein as defendant or as Pioneer. The defendant in error will be referred to as plaintiff or by name.

Plaintiff’s husband, J. D. Richardson, was kihed in the early morning hours of July 8, 1963, when the semitrailer truck he was driving went out of control and left the southbound portion of U.S. Highway 85-87 (now Interstate 25) about 1% miles south of the Monument interchange. The section of road in question was in the process of construction and…