Briscoe v. Worley

HALLEY, V. C. J.

(dissenting). I think the majority opinion is wrong, for the reason that the defendant co-partnership owed no duty to the deceased, the wife of the plaintiff; and further, because there was no negligence on the part of the defendant.

The facts in the ease are simple. Standard Paving Company had a contract with the state to construct a bridge over Briar creek, and to assist it in the construction of that bridge had made what is referred to in the record as a “by-pass”, “shoo-fly”, or “detour” around the bridge and across Briar creek, on the east side of the highway between…