Smith v. Boice

By JUDGE ALEX H. SANDS, JR.

Plaintiff's grounds of his motion to set aside the verdict, save as to the ground relating to Instruction F, are deemed to be without merit and only the latter ground will be considered.

The uncontradicted evidence in the case is that plaintiff was crossing Monument Avenue at its intersection with Belmont Avenue. The evidence as to whether or not he was in the marked crosswalk is in conflict and for purposes of this motion it must be assumed that he was outside of the marked lines.

Sec. 46.1-230 imposes upon the pedestrian three duties, viz: (a) to cross in a manner…