Perrotti

Plaintiff, administratrix of the estate of Robert Perrotti, appeals from a judgment for defendant in an action for wrongful death.

The evidence shows that at approximately 8:30 p. m. the decedent was struck and killed by an automobile driven by re spondent. This accident occurred on Bayshore Highway, a four-lane road, at the intersection of Belle Avenue in Bed-wood City. At this time the traffic was light, the weather clear, the visibility good and the roadway dry.

Bespondent testified that he was driving in the inner (east) lane of the southbound lanes at a rate of speed of approximately 55 miles per hour. He first saw decedent “trotting” across the highway from east to west at a distance of from 20 to 40 feet in front of his automobile. Bespondent immediately applied his brakes and swerved to the right into the outer (west) lane.

Prior to this fatal accident decedent was involved in another accident, striking the rear of an automobile driven by one Hoffman. Hoffman after the collision parked on the east side of the highway. Decedent parked on the west shoulder and walked across the highway to Hoffman’s automobile. He was struck by respondent’s car as he was returning to his…