Cantrill Construction Co. v. Gann

CULLEN, Commissioner. Cantrill Construction Company had a contract for resurfacing with blacktop a portion of U.S. Highway No. 25E extending from Corbin toward Barbourville. By July 18, 1963, it had substantially completed the work except for a short piece close to Corbin. On that day a tractor- trailer unit owned by Brown Wood Preserving Company and driven by Cecil Gann, while being operated over the highway in the direction of Barbourville, at a point around six miles from Corbin went out of control and into the ditch on the left side of the highway. Gann said that he was forced to pull to the right by an oncoming car which was partly on his side of the road; the right wheels of his unit went off the pavement onto the shoulder, which was some ten inches below the level of the pavement; he continued along the shoulder for a short distance and then the truck went out of control in the process of entering back on the pavement at a point where the shoulder still was some ten inches below the level of the pavement. When the truck hit the ditch the load of telephone poles which the truck was carrying shifted forward and pinned Gann against the dash, causing him serious injuries. A motorist named Tip Hinkle stopped to render aid and in the process of lifting the poles injured his back.