Hollis v. Lipp

Bell, Presiding Judge.

Defendant took this appeal from the denial of his motion for summary judgment in a suit to recover for injuries sustained when plaintiff, a pedestrian, was struck down by defendant’s automobile. It appeared that plaintiff was running across a street in the dark in a heavy *576rain, apparently without looking, and that defendant had the right of way. However, the fact that defendant did not see plaintiff until she was four or five feet in front of the vehicle, which he admitted in his deposition, was alone sufficient to indicate a jury issue on the question of his negligence…