McCracken v. Stewart

The opinion of the court was delivered by

Wertz, J.:

This was an action brought by appellee to recover damages for personal injuries suffered when the truck he was driving went into the excavated portion of a street being repaired by defend- and construction company, alleged to have been caused by defendants’ negligence in failing to have proper barriers or warning lights. Defendants appeal from a jury verdict for plaintiff.

Plaintiff’s evidence in support of allegations contained in his petition is as follows: Plaintiff, a man thirty-seven years of age, was engaged in a partnership business…