Jackson v. Cook

ODOM, Justice.

This is a damage suit arising out of an automobile accident which occurred at night on a public highway. The trial judge wrote an opinion in which he stated the facts to be that plaintiff, while walking on his right-hand side of the highway, was struck and injured by defendant’s automobile going in the same direction; that plaintiff was walking on the wrong side of the road and was drunk and staggering ; that it was a plank road with a three-foot shoulder; that just before the accident plaintiff was seen by the occupants of a passing car to be staggering from the shoulder to the…