Nickerson v. Bentley

There was evidence tending to show that the child was hit while standing still midway between the middle line of the highway and the westerly shoulder, while the defendant was driving in a northerly direction. If this evidence were accepted, the defendant was driving in the middle of the highway, or to the left of the middle. With this in mind, the defendant’s counsel seasonably requested that the court instruct the jury as follows:'“The mere fact that Mr. Bentley’s car may have been to the left of the center of the road at the time the child was struck is not in and of itself fault.” No…