Smith v. Lopa

The defendant in error, Lopa, brought an action against the plaintiff in error, Smith, to recover damages for injuries sustained by Lopa when he was run down by Smith in his own automobile on the public highway. The highway in question was a north and south highway, and the west half of the paved highway was closed against traffic. The east half of the paved portion of the roadway was open for north-bound traffic.

At the time of the accident a piece of construction work was going forward along the west side of the paved portion of this highway. This involved the laying of a water main…