Whitten v. McClelland

Kelly, P.,

delivered the opinion of the court.

In the year 1920, the State Highway Commission was constructing a concrete bridge over Looney’s creek at a point where that stream intersects the public highway leading from Buchanan to Roanoke. During the proggress of this construction, travelers using the highway had to make a short detour, and ford the stream on the south side of the highway. John H. McClelland, driving *731at night in a Ford roadster from Roanoke to Buchanan, ran into an excavation on the south side of the southern abutment of the bridge, and sustained injuries to his person and to…