McGEE v. HENRY

AUTOMOBILES AND MOTOR VEHICLES, § 117.6 — negligence in killing pedestrian as question for jury. In an action for wrongful death, where the evidence showed that the deceased was walking at night about three or four feet from the south side of a paved road in a proper lane and the defendant, while driving his truck and attempting to pass a car, struck the deceased, wherein the plaintiff made out a prima facie case, it should have been submitted to the jury.

Opinion by PRESIDING JUSTICE WOLFE.

"Not to be published in full." Opinion filed January 27, 1942.