Coleman v. Diamond Engineering Co.

This is an action for personal injuries sustained by the plaintiff, Carolyn Coleman, when she drove her Volkswagen automobile into a cut or excavation made by the defendant contractor, The Diamond Engineering Company, in a public street. The plaintiff claimed the defendant was negligent in failing to give adequate warning by means of barricades and other means. The defendant denied negligence and claimed the plaintiff was contributorily negligent so as to bar recovery. The jury rendered a substantial verdict for the plaintiff and the defendant appealed.

The errors claimed on appeal are: (1)…