Vitaro v. C. W. & P. Construction Co.

The parties will be referred to as plaintiff and defendants, as they appeared in the trial court.

The highway department of the state of Ohio provided plans and specifications for the improvement of a section of a road known as No. 30, or the Lincoln highway, which section extended, from a point near the east corporation line of Wooster, easterly about four miles. The defendants were awarded the contract to make the improvement.

After the improvement had begun, plaintiff, while riding his motorcycle along the easterly portion of the section being improved, was thrown from his motorcycle and…