Keicher v. Michaal

The plaintiff was putting water into the radiator of a truck parked on the west side of a highway running north and south. His young dog had wandered to the east side of the highway. Defendant Michaal was approaching from the south in an automobile. The plaintiff, fearing for the safety of the dog, rushed across the road and, while in the act of picking up his dog in the grass on the easterly side of the traveled portion of the highway, was struck by the left-hand fender of defendant Michaal’s automobile, knocked back towards the highway, and sustained injuries.

The court set aside the verdict…