Miller v. . Motor Freight Corp.

This is an action to recover damages for the wrongful death of plaintiff's intestate alleged to have been caused by the negligence of the defendant, wherein the pleas of contributory negligence and of the last clear chance were interposed.

The evidence when viewed most favorably to the plaintiff tends to show that the plaintiff’s intestate was operating his automobile northward between Salisbury and Lexington on U. S. Highway No. 70 — toward Lexington, that the automobile either became disabled or ran out of gas,, and the intestate got out of it and was proceeding on foot on his right-hand…