Milby v. Diggs

Hatcher, President:

The plaintiff was struck by defendant’s automobile, and, in this action, recovered a judgment for personal injuries.

The evidence was contradictory; but under our view of the case, only plaintiff’s version need be recounted. He is an adult. The accident occurred in the evening on a narrow city street flooded with light. When within a step of the street, plaintiff observed defendant’s car approaching thereon “50 or 75 feet or maybe more” distant. Without pausing, plaintiff proceeded into the street from two to three feet, where, on turning to step back to the curb, he was…