Herbert v. W. H. Smith Paper Corp.

The plaintiff’s intestate collided with an automobile while walking on an improved public highway near the city of Albany, and died from the injuries thus received. The pedestrian was fifty years of age, was a carpenter, in good health, and worked steadily. He was walking on the south shoulder of the road in a westerly direction at four o’clock in the afternoon, when the weather was clear. The automobile that struck him was traveling easterly on the same side of the road, and no other traffic was present. The location and progress of the decedent and of the automobile were observed when they…