Duby v. Columbia County

No question is raised as to the negligence of the defendants in leaving this ridge of earth in the center of a public street without any guard or warning of any nature. The case presents the question whether plaintiff was guilty of negligence as a matter of law because he did not see the ridge of earth before his truck struck it and overturned.

Plaintiff was driving at night, after there had been a fall of snow which rendered it more difficult to distinguish the outlines of the ridge of earth. As he turned toward the center of the street the lights in a factory across the street and in front…