Edgerton v. Lynch

Plaintiff’s decedent, Robert Edger-ton, three and one-half years of age, was instantly killed about 4 p. m. on August 28, 1929, a clear day, by a car driven by defendant on M-118 traveling east. The child was crossing the 24-foot graveled roadway and was approximately four feet from its north edge when defendant’s car struck him. According to defendant’s testimony, he saw the child, when 200 feet away, on the grass plot between the south side of the roadway and the fence of the abutting property. At the first trial of the case, Edgerton v. Lynch, 252 Mich. 451, defendant testified that he was…