Herzberg v. Knight

The afternoon of October 19, 1936, plaintiff, a farmer, 76 years of age, while driving his cattle along a country highway, was struck by defendant’s automobile and injured. Plaintiff was driving the cattle south over a north and south gravel highway and defendant was driving his car north. Plaintiff brought this action to recover damages and, upon trial by jury, had verdict and judgment for $2,116. Defendant’s motion for a new trial was denied, and the case is here by appeal.

Plaintiff claims that the gravel roadway was free of the cattle and, as he saw the automobile approaching, he stepped…