Horton v. Smith

Mikoll, J.,

dissents and votes to reverse in the following memorandum; Main, J., not taking part. Mikoll, J. (dissenting). I respectfully dissent. A crucial issue in this trial was the point of impact between defendant’s vehicle and plaintiff, a pedestrian. There was contradictory evidence on both sides as to where the accident occurred. Plaintiff alleges that he was struck by defendant while in the crosswalk. Defendant, on the other hand, claims impact occurred a few feet north of the crosswalk. Witnesses supported both versions. The court, over the twice registered objection of plaintiff’s…