Peck v. Hampel

On Christmas eve of 1936, Edward Daniels was killed when struck by an automobile driven by defendant. The accident occurred between 6 and 7 o'clock in the evening as Daniels was crossing the intersection of Maple and Third streets in Big Rapids. It was dark, but a street light, having an illuminating radius of about 100 feet, lighted the intersection. There were no eyewitnesses to the accident, unless defendant driver saw it; and he did not testify in the case. It is suggested by defendant's counsel that it also appeared from the evidence that defendant's wife was in his car at the time. She,…