Dimick v. Linnell

Plaintiff, while a pedestrian upon a highway, was hit by defendant’s automobile. Prom a judgment for *510plaintiff for damages defendant appealed. The only issue is whether defendant’s motion for directed verdict should have been granted on the basis that plaintiff was guilty of contributory negligence as a matter of law.

At about two o’clock on a foggy morning plaintiff decided to try to find a place where he could purchase some cigarettes. He left his home and walked to the Pacific Highway at a point about a mile from the city of Roseburg. At the highway he turned south and walked along its east…