William A. McClendon v. T. L. James & Company, Inc.

BROWN, Circuit Judge.

As a part of its postwar rehabilitation program, the Louisiana Highway Department made a contract with T. L. James & Company, Inc., for patching, widening and resurfacing approximately 17 miles of the major, east-west arterial highway, U. S. 80. Actual work was in active progress on a 6-mile portion in the east end of the project. At a point further west and 6 miles beyond the locale of any actual work, there was a bad sunken, broken place in the concrete highway just to the right (north) of the center stripe. This was from normal attrition from long hard use with…