Burns v. Cote

The plaintiff’s evidence tended to prove the following facts. The highway on which the plaintiff received his injury was constructed of cement. The plaintiff was walking at the extreme left-hand edge of the cement in order to avoid cars coming from the west. It was impossible for him to walk on the shoulders of the highway, since snow was piled high on each side of the road.

Paige, driving a seven-passenger Nash touring car and carrying a passenger, saw the plaintiff about five hundred feet away. The highway was covered with a thick coating of ice, and Paige was driving over this ice at a…