Daley v. Stephens

Cushing, J. †

The respondent (plaintiff), John M. Daley, administrator of the estates of his parents, John J. Daley and Ida B. Daley, deceased, brought this action for damages for personal injuries sustained by Ida B. Daley, a pedestrian who, while attempting to traverse an uncontrolled and unmarked crosswalk at a street intersection, was struck and injured by the automobile driven by the appellant (defendant) , Mrs. Alvator Stephens. The cause was tried to a jury, which returned a verdict for appellants. The trial court granted a new trial for the reason that an erroneous instruction had been…