Modrell v. State

I am unable to agree with the result in this appeal.

An additional statement of facts is necessary to understand the issues facing the Court here.

On the date of the accident, plaintiff was riding as a passenger in a Chevrolet pickup truck driven by his friend McCandless, as noted in the majority opinion. The vehicle was approximately three miles west of Broadus, Montana, on Highway No. 212 when the accident occurred.

From the evidence in the case, it appears that this particular stretch of highway was first constructed by the highway department in 1960. In that construction, a blacktop pavement…