Kauffman v. Schroeder

STRUCKMEYER, Vice Chief Justice.

This is an action in negligence against William W. Kauffman for the wrongful death of Albert J. Schroeder. Jurisdiction is pursuant to Rule 47(e), A.R.S., Rules of the Supreme Court. Judgment of the Superior Court is reversed and this cause is remanded for a new trial.

Kauffman asserts that the evidence presented at trial left unclear whether decedent, a pedestrian, was inside an unmarked crosswalk when he was struck and killed by Kauffman’s automobile and that the jury should have been instructed as to his duty when crossing a roadway at a place other than at a…