Wojciechowski v. Baron

The defendants contend that several errors were committed during the trial. Their first contention is that from the testimony given upon the trial the jury could find only that the plaintiff was upon the shoulder of the road or that he was within two feet of the line between the center and east lanes of the highway when he was struck. They contend that there was no testimony that plaintiff was at any other point and the jury’s finding of negligence as to his position on the highway necessarily means that he was at the point testified to by Baron and his witnesses when struck. They contend,…