Gilpatrick Construction Co. v. Wind River Ready-Mix Concrete Co.

Plaintiff, Wind River Ready-Mix Concrete Company, filed a complaint against defendant, Gilpatrick Construction Company, for $10,304.50 actual damages growing out of plaintiff’s truck being driven into a concrete-lined, cattle-guard pit from which the grating had been removed by defendant in the process of its rebuilding a secondary highway in Fremont County, Wyoming. It was alleged that defendant negligently removed the grating without placing barricades or other warnings across the road.

Defendant denied generally and pleaded both plaintiff’s contributory negligence and that the alleged loss…