Nesbit v. Cumberland Contracting Co.

The appellant brought suit for injuries sustained on September 2, 1948 when he drove his automobile into a pile of dirt and rocks left by the appellee in the public highway, at a point where a culvert was undergoing repairs. The appellant was then twenty-one years of age. There was a dispute in the testimony as to whether the obstruction was lighted. There were no eyewitnesses and the plaintiff testified he was driving at 25 miles per hour and had just dimmed his lights for an approaching car. The jury found a verdict for the defendant. The appellee concedes that there was legally sufficient…