Thirion v. Fredrickson & Watson Construction Co.

For the reasons hereinafter stated, we cannot believe that a contractor who agrees to reconstruct a highway becomes liable for an injury caused by a preexisting depression on the highway within the area of the project but outside the area where he has worked. On the other hand a jury could infer negligence on the part of the contractor, and proximately caused injury, from the deposit of wet loose gravel on that part of the highway upon which the contractor had not yet undertaken construction. Hence the court properly granted a nonsuit as to the first matter but not as to the second.

Appellant…