Action for damages for personal injuries arising from collision between auto driven by plaintiff-respondent Aileen Bounds and road grader owned by defendant-appellant Scott Construction Company and operated by its employee. Jury returned verdict for plaintiff for $35,000. Defendant, by notice of appeal filed prior to January 1, 1972, appealed from the ensuing judgment. Scott Construction Company was the contractor on a project for the improvement of State Highway 21 in the vicinity of Ellington, Missouri. The project involved surfacing the roadway with a 24' bituminous pavement. On the date of the collision here involved, July 15, 1969, the paving had been completed and the contractor was engaged in shaping the shoulders as called for in the contract.