Smith v. Bailey

The accident happened in the village of Union, after dark. There had been a heavy fall of snow, and the highway had been plowed recently to a width of twenty-seven feet or more. The sidewalk had not been plowed. The surface of the highway was very slippery.

The plaintiff had been talking with Russell Harris, driver of a truck drawn up on the westerly side of the highway (which runs north and south), next to the bank of snow. While talking, he stood on the easterly side of the truck, with his left foot on the running board. As he was drawing back, preparing to turn and go to the easterly side…