Augustine v. Hitzman

Sheran, Justice.

Appeal from a summary judgment of the district court entered in favor of third-party defendant, Gustave Thiel.

On February 3, 1968, at approximately 6 a. m., an automobile being driven south on Robert Street in St. Paul by James R. Hitzman collided with the person of Carl Lawrence Augustine, fatally injuring him. The point of impact was approximately 100 feet south of the intersection of Robert and Plato Streets and in the southbound lane of travel on Robert Street near its center-line. When hit, Augustine was apparently proceeding from the sidewalk on the west side of Robert…