Brunette v. Bierke

With respect to the question of the verdict which inquired whether Peters was on the sidewalk when struck, the court instnicted the jury as follows:

“It appears that there was a concrete sidewalk, five feet wide, running along the west side of the filling-station property, and this is the sidewalk referred to in this question. Plaintiff was either on the sidewalk when struck or on the highway known as Oak Grove avenue. You are instructed that the apron leading from the sidewalk to Oak Grove avenue on the west side of the filling station was a part of the highway. If you find that plaintiff was…