Thornton v. Cartwright

ARNOLD, Judge.

When the defendant moves for a directed verdict, the evidence must be considered in the light most favorable to the plaintiff. So considered, the evidence tends to show that defendant was traveling south at 70 m.p.h., at night, in the proper lane, when he struck plaintiff’s decedent. The road was level and straight for a distance of at least three-tenths of a mile north from the point of the impact, nothing obstructed the view to the north, and defendant’s headlights were burning. Finally, the evidence shows that plaintiff’s decedent walked perhaps twelve or fifteen feet west…