Myers

Plaintiff, a 14-year-old boy, was walking along his left-hand side of a two-lane road, facing on-coming traffic, when he was struck from behind by a vehicle operated by defendant Jerry King who was then 17 years old. The present action is for damages for personal injuries suffered by plaintiff as a result of the accident. Following judgment on a jury verdict for plaintiff the court granted plaintiff’s motion for a new trial but limited it to the issue of damages. Defendants appeal from the judgment and the order granting new trial.

The accident occurred on November 2, 1964, at about 6 p.m. on State Street, a two-lane asphalt-paved road running in a generally easterly and westerly direction in unincorporated territory and outside a business or residence district. It was dusk and most of the vehicles had their lights on. The dirt shoulder on the southerly side of the road varied in width from 3 to 9 feet and was approximately 9 feet wide at the point where the accident occurred. Weeds 2 to 3 feet high were growing up to the roadway in certain areas along the south shoulder. There was evidence that that condition prevailed in the vicinity where the accident occurred. The westbound…