CAMMACK, Justice.
This is an appeal from a $7,000 judgment in favor of Charles Bybee, plaintiff below, for injuries he received when the truck in which he was riding slipped off a highway being resurfaced by the appellant, Robert M. Robinson. Robinson had a contract with the Highway Department for the resurfacing job. The chief ground relied on by Robinson for reversal is that he was entitled to a peremptory instruction because Bybee was guilty of contributory negligence...
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