Keating v. Zumwalt

In a suit for damages for personal injuries sustained by a pedestrian while he was walking along the outer edge of a public highway in the nighttime, as the result of having been struck by an automobile approaching from behind him, the jury returned a verdict in fax’or of the defendant Lionel R. Zumwalt. A judgment for defendant was rendered accordingly. From that judgment plaintiff has appealed.

The complaint alleges that the accident resulted from the negligent operation of defendant’s machine. The answer denies the material allegations of the complaint and affirmatively alleges that the…