Besser v. Hill

The accident happened in the city of Superior on December 14, 1935. Plaintiff was walking across North Fifth street in the middle of the block which is bounded on the east and west respectively by Plughitt and John avenues. It was about 5 :30 in the afternoon and was dark, but the scene of the accident was a well-lighted business district, and it is undisputed that an unlighted car would be plainly visible for a distance of at least a block. When plaintiff was near the center of the street, he noticed a car proceeding west and waited for it to pass him. He then claims to have looked east and…