Foster v. Herbison Construction Co.

Knutson, Chief Justice.

This is an appeal from an order of the trial court vacating a judgment in favor of defendant and granting a new trial to plaintiff.

The facts may be briefly stated. On April 25, 1956, defendant entered into a contract with the State of Minnesota for the repair of Trunk Highway No. 2 between Cass Lake and Bemidji. Some of the work consisted of “lifting” the roadway in places where it had settled by placing on the roadway 3-inch layers of gravel which were com pacted by rubber-tired rollers preparatory to applying a blacktop surface when it had reached the proper height.…