Dominick v. Behrends

Mr. PRESIDING JUSTICE SMITH

delivered the opinion of the court:

Plaintiff’s intestate was killed when struck by the defendant’s automobile as he was walking across a concrete highway around 8:30 on a dark and cloudy night. At the close of all of the evidence, the trial court directed a verdict in favor of the defendant on the ground that the evidence failed to establish that the decedent was in the exercise of due care and caution for his own safety. We affirm.

The girl friend of the decedent testified that the two of them were driving west from Lincoln in her automobile with the decedent…