W. L. Davis v. Nelson-Deppe

W. L. Davis, plaintiff, the owner and operator of a tractor-trailer combination, brought suit to recover damages to his equipment occasioned when it went off a portion of U. S. Highway No. 93, then under reconstruction and repair by the defendant, Nelson-Deppe, Inc. The case was tried before a jury and following a verdict in favor of the defendant, judgment was entered thereon, from which judgment this appeal was perfected. Briefly, the facts leading to this litigation show that the defendant company had entered into a contract with the State of Idaho through the Department of Highways to recondition and resurface 6.75 miles of U. S. Highway No. 93 in Jerome County. Incorporated into the contract were certain of the Idaho Department of Highways ""Standard Specifications for Highway Construction,"" including the requirements to be followed in erecting appropriate signs, barricades and warning devices, which devices were required by the ""Standard Specifications"" to meet the specifications provided by the ""Manual of Uniform Traffic Control Devices"" as appeared in the 1961 edition published by the Bureau of Public Roads.