Klein v. Frank

The opinion of the court was delivered by

Kays, J.

This suit was brought by Emil Klein, administrator ad prosequendum of Edward R. Klein, deceased, for damages arising out of an accident whereby it was claimed that the said Edward R. Klein was struck by an automobile which the defendant, Joseph Prank, was driving along the White Horse Pike, which is a public highway in Atlantic county. The evidence disclosed that on August 5th, 1928, plaintiff’s intestate was walking in an easterly direction between ten and ten-thirty p. m., either upon the gravel shoulder or along the pavement of the said…