Mathers v. Botsford

This writ of error was taken to a judg-ment awarding $6,000.00 damages for personal injuries ■caused by an automobile running upon the plaintiff, &■ -pedestrian, on a public highway. There is evidence from which the jury may have found actionable negligence on the part of the defendant, and that there was no negligence on the part of the plaintiff that appreciably contributed to his injury. This affords a ground of liability.

It appears that the plaintiff was walking along a public *42road, at night, that the' defendant’s automobile was behind the plaintiff going in the same direction, that just…