McGilvray v. Spaulding

In the nighttime the defendant was driving his automobile northward along South Lewis avenue in the outskirts but within the corporate limits of the city of Tulsa. Beside him was a lady with whom he was keeping company, and immediately to her right, making the third person in the front seat, was the plaintiff, an invitee. They were on a pleasure drive.

The pavement itself was 18 feet wide, and it was bordered on either side by a dirt strip, commonly called the shoulder. Out on this shoulder, and about eight or nine feet from the east. edge of the pavement, was a line of telephone poles. This…