Smith v. Mead Construction Co.

The opinion of the court was delivered by

Harvey, J.:

This is an action for damages to an automobile. The jury answered special questions and returned a general verdict for plaintiff. Defendants have appealed.

The Mead Construction Company, a partnership, had the contract for the grading and building of culverts on an improved highway project for three or four miles east from Smith Center. They began the work at the east end and worked toward the west. On October 13, 1924, they were working on the mile of road adjoining the town on the east, and at a place about three-quarters of a mile east of…