Stearns v. Smith

This automobile accident case is before us on exceptions to the direction of a verdict for the defendant. In our view the case presents issues for the jury.

In brief, the record shows substantially the following situation :

The plaintiff, a pedestrian, was struck by a car driven by the defendant, on Route No. 1 in Rockland, a street or highway twenty feet in width and running generally east and west, with a sidewalk only on the north side. The plaintiff’s home adjoins the street on the south. The accident took place after dark on a summer evening. There was no obstruction to the view of either…