Spain ex rel. Spain v. Livingston

Lloyd George Spain, as next of kin, brought suit against J. D. Livingston and the Smith-Higgins Company, Livingston’s employer, to recover damages for the death of David Wayne Spain, who was struck by an automobile driven by Livingston. At the time Spain was struck, he and a friend were pushing a disabled motorcycle in an easterly direction and were on the extreme right-hand edge of the paved portion of the Jonesboro-Johnson City Highway. The trial judge directed a verdict for the defendants on the ground the deceased, by walking on the right-hand side of the pavement, violated T.C.A.…