Elliott v. Wheelock

— Curtis Elliott, a pedestrian, was injured by an automobile driven by defendants at or near a street intersection in Sedro Woolley. The automobile, being driven south, ran over the plaintiff at a point appreciably off the west edge of the pavement. He brought this action for damages, which resulted in a verdict and judgment in his favor. The defendants have appealed.

The first assignment is that the court erred in giving instruction No. 7, with respect to unnecessarily driving off the pavement, as a part of an instruction on the statute against driving a vehicle over or along a pavement on a…