Newman v. Hill

By the Court.

This is an action of tort by the plaintiff, a pedestrian on a public way, to recover compensation *579for personal injuries caused-by being struck by an automobile. It is not argued that the operator of the automobile could not have been found to be the servant of the defendant, acting within the scope of his employment. The only point argued by the defendant is that the plaintiff was, on the aspect of the evidence most favorable to her, as matter of law, guilty of contributory negligence and hence cannot recover. There was evidence tending to show that the plaintiff at about seven…