Cochran v. Michaels

Hatcher, Judge:

Plaintiff was injured by an automobile owned by defendant. This is an action to recover damages for that injury. A verdict was returned in favor of defendant which was set aside by the trial court. The defendant seeks here to sustain that verdict.

The place of the injury was near Fairmont on a public road which is surfaced with concrete a width of eighteen feet; the time was between six and seven p. m., January 31, 1928. The plaintiff was walking along or near the right edge of the concrete and was struck from behind. The automobile was proceeding in the same direction as the…