Folkins

This is an appeal by defendant from a judgment rendered in plaintiffs’ favor in a personal injury case.

The claimed negligence of defendant from and through which the injuries were incurred is specifically alleged in the complaint of plaintiffs, a summary of which is as follows:

That defendant was engaged upon a contract for the construction of a portion of the state highway in Del Norte County, which said road or highway followed at some places the old county road and at other points crossed or intersected the county road; that part of the said new road was completed and was being used by the traveling public, which said completed part extended northerly for about three miles; that the remaining portion, though not completed and open, had been graded and all excavation work finished; that in traveling northward it was necessary to leave the completed portion of the new road and follow the old road and at the point or place where the turn was made from the new highway back to. the old there was a sharp curve or turn which was indistinct and not readily seen or noticeable by one driving northward on the completed portion, especially at night; that said turn was not noticeable by…