Billingsley v. Gulick

Plaintiff’s decedent, at night, crossed a paved highway, at a curve or bend, to serve a waiting automobile with a quart bottle of oil, and thereafter was seen standing upon the gravel at the edge of the pavement and at a point where, it is claimed, the light of an automobile approaching from the south would plainly disclose him. A Ford roadster approached from the south, struck and instantly killed him. Defendants claim that the deceased was crossing the pavement about 25 feet ahead of their automobile when the driver first saw him, and it was then impossible, even by swerving the car to the…