Henry Wendelken v. John K. McMurray by His Conservator, Mrs. John K. McMurray

GODBOLD, Circuit Judge:

This is an appeal from a substantial judgment for the plaintiff in a non-jury trial, for injuries received in a two-car automobile collision. We reverse because the evidence conclusively shows that the defendant was guilty of no negligence causing or contributing to plaintiff’s injuries. Both plaintiff and defendant are victims of the misconduct of a drunken pedestrian.

The defendant, Wendelken, was traveling east on U. S. Highway 90 in an open and uninhabited rural area in southern Mississippi. The highway was straight for several miles east and west, four lanes, two…