Yorek v. Potter

Defendant appealed from an order denying his alternative motion for judgment notwithstanding a verdict for $8,500 or a new trial.

On October 15, 1923, plaintiff was walking south on paved trunk highway No. 27. Defendant approached her from the rear in his Ford sedan car which struck and severely injured her.(1) There is a sharp conflict between the plaintiff and defendant as to how the injury occurred. The pavement was 18 feet wide, having a four-inch black dividing-line in the center. Plaintiff says that she was walking on the pavement about 15 inches from the westerly side when she was…