Kline v. Bishop

About 5:10 p.m., in the late afternoon or early evening of November 10, 1948, the incompetent, Burdette Kline, while walking along the northerly side of West Main Street at or near the intersection of Guild Street near the corporate limits of the village of Wolcott, was struck by an automobile being operated by the defendant, sustaining injuries resulting in his incompetency.

The circumstances surrounding the happening of the accident presented questions for consideration of the jury as to the negligence of the defendant and contributory negligence of the incompetent. Were it not for errors…