Skeet v. Wilson

OPINION

MOISE, Justice.

Defendant-appellant appeals from a judgment granting plaintiff-appellee damages for injuries suffered when struck by an automobile driven by defendant, while plaintiff was walking on or along the right side of the highway south of Gallup.

The case was tried to a jury, and one of the issues which the jury had to determine was whether at the time of the accident, there being no sidewalks, plaintiff was walking "along and upon” the highway, and if it was “practicable” to walk Ton the left side .of the roadway or its shoulder” as required by § 64-18-38(b), N.M.S.A.19S3. The…