Benton v. Douglas

This is an appeal from a judgment based on a verdict for defendant in a case in which plaintiff, a pedestrian, was injured when he and an automobile driven by defendant collided on Highway 99, near Bloomington, in San Bernardino County.

The accident happened about 7:30 p. m. on April 26, 1945. There was sufficient daylight so that the lights on automobiles were not illuminated. The roadway was dry and visibility was good. Defendant is not accused of traveling at any excessive speed.

Highway 99 runs east and west, is straight, and has three lanes of concrete with wide, hard-surfaced shoulders on…