Shupe Ex Rel. Shupe v. County of Antelope

I dissent.

I see no reason to discuss the question of the sufficiency of the warnings placed by defendants so far as daylight is concerned, for this accident, to plaintiff happened at night.

The court apparently concedes that the liability of the defendants as to sufficiency of warnings would normally be a jury question, but holds as a matter of law that that liability was severed, because of notice to members of *385the township board and their agreement to put up adequate warnings and take care of the matter and the lapse of a reasonable time in which to do that before the accident happened; and…