Dimick v. Linnell

Plaintiff testified that he was walking on the shoulder of the highway, one or two feet from the edge of the pavement. The shoulder was about three feet wide. Defendant testified that plaintiff was walking in the middle of the north bound lane of traffic. If the jury had seen fit to believe plaintiff’s testimony it would follow that the statute relied on by the majority would have had little significance. The jury could have inferred .that defendant may have suddenly swerved onto the shoulder.

However, the basic fault of the majority is that it would bar every pedestrian from recovery…