Lion Oil Refining Company v. Smith

Appellee, T. E. Smith, brought this suit in the Clark circuit court to recover $3,000 damages alleged to have been sustained by him when struck and run down by one of appellant’s trucks, driven by one of its employees, on July 14, 1938, while appellee was walking along the highway leading to' the Shuler oil field in Union county.

He alleged in his complaint that he was walking ‘ ‘ on the left side of the road near the edge of said road, as is the customary and proper place for a pedestrian to walk, and while walking on the left side of the road and as near a ditch that was parallel with said…