Gittens v. Lundberg

CROCKETT, Justice.

Plaintiff Joseph Gittens as a pedestrian was proceeding eastward across Main Street (also U. S. Highway 91) of Smith-field, Utah, at dusk on the 27th day of February, 1953, when he was struck and injured by the defendant Royce Lundberg driving his car from the north. There is a sharp dispute in the. facts as presented by witnesses for the respective parties: whether plaintiff was walking or running at the time he was struck; whether he was intoxicated from the effects of beer he had admittedly drunk about two hours before the accident; just where-in the street the impact…