Brown & Stephens Pipe Line Contractors, Inc. v. Shipp

Eeerhardt, Judge.

We affirm the judgment complained of and hold that the case was properly one for jury determination. Although plaintiff’s testimony may have been vague and equivocal as to whether “the ditch” or “the indentation” which his automobile struck was the particular sewer depression which the defendant created, this is consistent with plaintiff’s theory of the case that he never saw the hazard because of the physical circumstances. Plaintiff did testify, however, that the left front tire of his automobile struck an indentation or hole in the right-hand lane near the center line,…