Morgan-Hill Paving Co. v. Thomas

The verdict for defendant was finally on count 4. The issue was joined on a plea in short by consent, which included special defense, that there was no duty resting upon defendant to maintain, signal, etc., at the point in question, and that of contributory negligence of plaintiff.

The complaint contained, among other things, the material averments of fact, viz.:

“ * * * The defendant was engaged in the construction, paving or building of that certain public road in the County of Chilton, Alabama, commonly known as the Birmingham-Montgomery Highway, and * * * said automobile ran into, upon or…