Peterson v. Bonnes

— On August 25, 1939, appellee, a farmer fifty years old, was riding a bicycle southward in the east track beaten into a dirt highway by passing traffic. This track was two feet wide, distant about five to eight feet east from the center of the road. ■ The bicycle was in good order but without lamps or reflector. Appellee was carrying on the handlebar a half-gallon tin pail which, he testified, made no noise. The road was dry, the day clear and the jury could have found, not yet dark. Appellee was proceeding at what he termed a medium gait.

Immediately before the accident appellee heard a…