Standard Paving Co. v. Pyle

SPEER, Justice.

Dr. J. N. Pyle, the appellee here, instituted this suit in the 48th District Court of Tarrant County against appellant, Standard Paving Company, a corporation, for damages growing out of an injury sustained while driving at night on Highway No. 5, in Cooke County, Texas.

It was alleged that appellant was under contract with the State Highway Department to repair the highway at the point where the accident occurred, and that it was obligated by said contract to keep the road open for traffic. The complaints of negligence, insofar as this appeal is concerned, consisted of a…