Federated Milk Producer's Ass'n v. Statewide Plumbing & Heating Co.

I dissent. The evidence is uncontradicted that the warning signs were posted and visible. The investigating officer, who approached the scene of the accident from the *301south shortly after its occurrence, testified that he saw the two signs reading “Construction Slow” and “One Way Traffic.” He stated that he was able to readily read these signs and had to drive around them.

The driver of plaintiff’s tank truck did not testify that the signs were not visible, but only that he did not remember having seen them.

It would seem that this failure to see that which was plainly there for any driver using…