Buckingham

This is an action to recover damages for personal injuries.

The complaint alleges that, on or about the eighth day of June, 1914, the defendant, Commary-Peterson Company, to which we shall hereinafter refer as “the corporation,” entered into a written agreement with the state of California for the construction of a portion of the state highway in the county of Solano, between the town of Fairfield and the town of Vacaville, known as “Highway Division 3, Route 7, Sec. C”; that thereafter the corporation “and said defendant, Austin B. Fletcher, the highway engineer named in said contract, and defendants, Darlington, Stern and Blaney, the highway commission named in said contract, commenced each and all to construct the said portion ... of said highway and entered into complete control and supervision of the said highway; that said portion of said highway was at all times herein mentioned and particularly on the date next hereinafter mentioned an open public road and highway and the public was permitted to and did travel over and along said highway by •means of vehicles and otherwise.” Then follow allegations that the defendants, while engaged in constructing said highway, opened…