White v. Edwards

(after stating the facts) '. The conflicting testimony took the question of defendant’s negligence to the jury. We do not understand this to be controverted. Two important questions require consideration; they are:(1) Should the court have held as matter of law that plaintiff was guilty of contributory negligence? and(2) Did defendant owe plaintiff the statutory duty when approaching him in the highway required by section 4818, 1 Comp. Laws 1915?

Numerous decisions of courts of last resort hold, and we think they should be followed, that one injured while momentarily standing in the highway…