Tillotson v. Schwarck

This is an action for damages by pedestrian plaintiff against motorist defendant. On trial verdict was for plaintiff. Defendant appeals.

Plaintiff, age 70, lived and worked on a farm in Hardin County. The farm is located on a 28-foot wide east-west county road, 24 feet of which is the traveled way. The mailbox is located on the north side and across the road from the residence. The road slopes up to the crest of a hill approximately 300 feet west of the mailbox.

On the morning of April 24, 1964, plaintiff was crossing to the mailbox when struck by defendant’s car. Plaintiff testified that she…