Haines v. Waite

Plaintiff was walking in an easterly direction on a main traveled graveled highway some two and onelialf miles west of the city of Mitchell about 8 in the evening on September 23, 1930, and was struck by the automobile of defendant who was driving at a rate of thirty to forty miles per hour in an easterly direction along the same highway. Plaintiff suffered serious physical injury as a result of the accident, and instituted this action against defendant to recover his damages.

At the point of the accident the highway in question was in process of being regraveled. Some new gravel was spread…