Durling v. Lamontain

By the Court.

This is an action of tort to recover compensation for personal injuries sustained by the plaintiff, a pedestrian upon a public way, through contact with an automobile driven by the defendant. There was testimony tending to show that on a rainy night the plaintiff, on stepping from the westerly sidewalk of a street sixty feet wide between sidewalks with a plainly marked crosswalk ten feet in width, looked up and down the street and, seeing no automobile, started to cross within the lines of the crosswalk; that when within three or four feet of the opposite sidewalk he was struck…