Billings v. Aldridge

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this case is by the plaintiff from a, judgment in favor of the defendants in an action for damages against a contractor and his foreman, who were constructing a. culvert in a public highway, for injuries received when the car in which plaintiff was riding ran into the open culvert.

The plaintiff alleged negligence on the part of the defendants in not placing the warning required by the statute, or any other warning or sign of any nature, at the intersection a short distance west of the culvert; also in not placing any guard…