Ulmen v. National Surety Co.

BOURQUIN, District Judge.

Defendant interposes general demurrer to the amended complaint. The latter’s allegations are that with Montana one Sehwieger contracted to construct and improve a section of the state’s highways, therein, amongst other things, covenanting that he would “provide, erect and maintain all necessary barricades, suitable and sufficient red lights, warning and danger signals and signs, provide a sufficient number of watchmen and take all necessary precautions for the protection of the work and safety of the public. The Commission will provide and the Contractor shall erect…