Green v. City of Roundup

The former opinion herein, dated March 17, 1945, was withdrawn by order granting petition for rehearing, and the following decision rendered upon final submission on rehearing.

This action was brought against the city of Roundup to recover damages for personal injuries alleged to have been sustained as the result of the driving of an automobile in which plaintiff was a passenger, into a ditch or trench excavated by the defendant city in one of its streets. The complaint alleges negligence by the excavation of the trench or ditch and failure of the city to place danger or warning signs calling…