Faull v. Abbot

Beowning., Judge:

This action of trespass on the case was instituted in the Circuit Court of Kanawha County by Marie Faull to recover damages for personal injuries sustained in an automobile accident. The accident occurred July 11, 1950 on U. S. Highway 19 in Nicholas County on a portion of the highway which the defendants, H. R. Abbot and W. S. Abbot, had undertaken to resurface under contract with the State Road Commission, and which contract provides, in part, as follows:

“1.7.6. Public Conveyance and Safety: The Contractor shall conduct the work in such a manner as to provide and insure the…