Montgomery v. Reily

Plaintiff-appellee recovered a jury verdict for personal injuries sustained in a collision between his motorcycle and an automobile driven by defendant-appellant. The facts surrounding the occurrence, insofar as pertinent, are that on April 29, 1967, in the early afternoon plaintiff was operating his motorcycle in Indianapolis, west upon East 16th Street near its intersection with Hawthorne Lane. As he approached said intersection, plaintiff was operating the motorcycle upon an asphalt strip seven feet in width immediately adjacent to the concrete portion of East 16th Street. Said asphalt…