Kelling v. Howard

Murphy, Judge.

This suit grows out of an accident which occurred on October 27, 1955, on County Aid Road No. 2 about two miles south of Janesville, Minnesota. The defendant Howard, a road contractor, had excavated a ditch across the highway on the afternoon of the accident. The ditch, which extended across the road, was about 16 to 17 feet in depth. Dirt was piled on both sides of the excavated area to a height from 6 to 12 feet. The accident happened about 6 p. m. Howard placed a pine board about 2 feet long and 1 foot high with black lettering containing the words, “Road Closed” on the…