OPPENHEIMER, J., delivered the majority opinion of the Court. HORNEY, J., dissents.
A hitchhiker standing at night on a paved roadway in open country, near the edge of the road, was hit by a motorist. The jury gave a verdict for the injured pedestrian but the trial court granted the driver's motion for judgment n.o.v. This appeal is from that judgment.
The accident occurred in September, 1964, shortly after 1:00 A.M., on State Route 175, between 135 and 150...
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