Nicholas v. Minnesota Milk Co.

Stone, Justice.

On the morning of November 27, 1940, defendant Rosenberger, in the course of his employment by defendant Minnesota Milk Company, was driving its truck north on Ruth street approaching Nokomis avenue in St. Paul. Plaintiff was walking the street, in the same direction. The street lamps had been turned off, but it was still dark. In the suburban block where the accident occurred there was no sidewalk on either side of the street.

Plaintiff's testimony is that immediately before the accident he was walking about a car’s width to the right of the center of the road. He first was…