Sapp v. Shumate

Mrs. H. M. Shumate filed suit against C. J. Sapp for damages on account of the death of her husband alleged to have resulted from the defendant’s negligence in operating his automobile along a highway and striking the deceased, who was a pedestrian walking in the same direction in which the defendant was traveling. The defendant answered denying the material allegations of the plaintiff’s petition respecting the manner in which her husband was killed, denying liability, and alleging that the deceased, by the exercise of ordinary care, ■could have avoided his injuries. No demurrer was filed.…