Theil v. Radetzky

Defendant has appealed from a judgment of $1,710.55 in plaintiff’s favor entered in the Greene county clerk’s office on April 30, 1937, and from an order denying his motion for a new trial entered in said clerk’s office on May 7, 1937. On July 15, 1934, plaintiff was standing on the shoulder of a public highway running from the village of Hunter to the hamlet of Lexington. The highway is eighteen feet in width with a shoulder three and one-half feet in width between the south edge of the pavement and a concrete post. Plaintiff saw defendant’s car approaching at a rate of speed of from fifty…