Shipway v. Monise

This is an action for damages for personal injuries. Shortly after midnight on October 5, 1941, the plaintiff and another pedestrian, while crossing Pacific Highway in San Diego, were struck by an automobile driven by the defendant. Pacific runs north and south and is a four-lane highway. The plaintiff had parked on the west side of Pacific and was walking across that street towards the east when he was struck by defendant’s car, which had been traveling north in the westerly of the two lanes for north-bound traffic. There was some question as to whether the plaintiff was at the time within…