Lincoln v. Williams

In this action to recover damages for personal injuries, the jury rendered a verdict in favor of plaintiff and against defendants in the sum of $5,000. From the judgment entered upon the verdict defendants appeal.

The accident occurred at about 8:45 P. M. on the evening of October 14, 1929, at the intersection of Oxford Street and Berkeley Way in the city off Berkeley. Plaintiff, a pedestrian, was crossing Oxford Street from the easterly to the westerly side thereof and was struck by an automobile driven, by the defendant Nat L. Williams, Jr., when at a point about eight feet from the westerly curb. There was a conflict in the evidence as to whether the plaintiff was walking in the cross-walk or a few feet to the south thereof at the time he was struck. There is a further conflict as to whether plaintiff was carrying a box upon his right shoulder or under his arm. Said defendant was driving in a southerly direction on Oxford Street and there was evidence showing that he was traveling between thirty-five and forty miles per hour. When plaintiff was struck both he and the articles he was carrying were thrown into the air. The automobile stopped after traveling approximately halfway…