Bush Construction Co. v. Blakeney

I respectfully dissent.

As usual, much of the testimony on important points in the case was highly conflicting. The undisputed evidence showed that appellant had begun the construction work in May, 1974. Its contract with the Highway Department required that the highway be kept open for the traveling public during the construction work. Certain warning signs were required and were placed at the beginning of the area under construction and along the roadway at various intervals. It suffices to say that the traveling public was warned that the highway was under repairs. In addition to this, the…