Ford & Son Paving Contractors, Inc. v. Proffitt

OSBORNE, Judge.

Appellants are road contractors. In May of 1963, they were constructing a portion of the Nobob Road in Barren County, Kentucky. They were operating several dump trucks over the road, the surface of which was white rock covered with oil. The weather apparently was warm and, as the trucks traveled over the road, the sticky oil on the loose rocks caused considerable commotion and noise from the flying rock. According to the' testimony, the road had been oiled only a few days before the hauling of the rock started and at the time was “pretty sloppy.” Appellants’ trucks were all red…