Brasel & Sims Construction Co. v. Neuman Transit Co.

'delivered the opinion of the court.

Neuman Transit Company, Inc., a trucker, sued Brasel and Sims Construction Company, a road contractor, for $9,367.90 damage occasioned on September 5, 1959, when plaintiff’s Autocar tractor and Freuhauf tank semi-trailer upset and rolled over while its driver was attempting to negotiate a portion of a detour built by defendant. The vehicle, eight feet wide, fifty-nine feet, ten inches, long, was carrying gasoline and weighed 73,000 pounds gross.

The complaint alleged that the defendant carelessly and negligently constructed around, over, and across the…