Hanna v. McClave

The court was in error in excluding the testimony of defendant as to the southerly point where he saw plaintiff’s decedent upon the pavement. If he saw him south of the center of the pavement, or at the center line, and apparently proceeding on his way across and into the proper path of defendant’s automobile, it had a direct bearing upon the subsequent acts of defendant, and the question of his negligence.

My Brother’s view that such testimony “would disclose a fact equally within the knowledge of the deceased” * overlooks heedlessness, and accepts, as an inference, a degree of awareness…