Fannin v. Cubric

On April 25, 1964, a portion of U. S. Route 52 in the eastern part of Portsmouth was under reconstruction, with, traffic being maintained through the construction area. The contract for the construction work had been let by the state of Ohio to the E. P. Coady Company, hereinafter referred to as Coady. Except for such control thereof as had not been yielded by the state of Ohio and subject to the rights of the traveling public therein, Coady was in possession and control of the newly constructed part of U. S. Route No. 52 herein involved. The contract contemplated that in the area in question…