Lyon v. Paulsen Building & Supply, Inc.

This is an action by Wayne W. Lyon against the Paulsen Building & Supply, Inc., to recover damages for personal injuries and property damage sustained when Lyon drove his pickup truck into an excavation in a public highway under construction. At the close of plaintiff’s evidence, the trial court directed a verdict for the defendant and plaintiff has appealed.

The accident occurred on May 26, 1964. On this date, defendant was engaged in reconstructing a section of State Highway No. 2 between Merna and Anselmo under a contract with the state. The plaintiff was a farmer living 1 mile north and %…