Lewis v. Nichols

This is an appeal by the defendant from an order of the circuit court which set aside a judgment in favor of the defendant, based upon a jury’s verdict, and ordered a new trial. The order was entered upon the plaintiff’s motion. The basis for this action is the complaint’s averment that July 23, 1937, the defendant negligently drove his automobile south on Liberty street in the city of Salem and while so doing ran it into the plaintiff, who at that time, so the complaint avers, was walking in the south pedestrian lane at the intersection of Liberty and Chemeketa streets. Liberty street lies…