Straughan's Adm'r v. Fendley

Opinion op the Court by

Morris, Commissioner—

Reversing.

Elihue Straughan met death by being struck by a car owned and driven by appellee on U. S. Highway No. 42, at near midnight, August 9, 1942. A trial resulted in a verdict for defendant; on appeal the questions presented relate to instructions, it being contended that in several instances those given were erroneous and prejudicial. Under these circumstances it will be .necessary to give a brief review of the proof.

Appellee had spent the evening with friends at La-Grange, and was returning to his home at Goshen, in a westerly direction. He…