Martin v. Effrein

James Martin sued John B. Effrein for $25,000 on account of injuries sustained when, as a pedestrian, he was struck by defendant's automobile. The trial resulted in a verdict for the defendant. On motion, a new trial was granted on the ground defendant's instruction No. 5 "unduly restricts and narrows the zone of peril under the facts and circumstances shown in evidence." Defendant appealed.

Plaintiff was a farmer. His eyesight and hearing were good. About 8:30 p.m., [777] March 16, 1947, he went to Holst's Service Station on Highway No. 25, where he drank several bottles of 3.2 beer. At…