Marshall v. Merrifield

DAVID C. BRODIE, Special Commissioner.

This is an appeal from a final judgment entered pursuant to a directed verdict of the jury dismissing appellant’s complaint.

On December 21, 1965, Marshall, age 39, had gone to a tavern about 4:00 p. m. where he remained until 7:15 p. m. drinking beer. He left and walked along the side of Dixie Highway in Shively to a point in mid-block where he attempted to cross the highway. There were traffic signals which would have assisted him in crossing at the intersection some distance to his left and to his right.

Where he did cross the highway, it has four lanes…