Markgraf v. McMillan

My agreement in the result is based upon the opinion that the deceased was guilty of contributory negligence as matter of law. To me the evidence seems to establish conclusively that defendant's car did not leave the pavement and that due care on the part of deceased as a pedestrian required her, under the circumstances, to be not only on the shoulder but far enough off the pavement to avoid danger from a passing automobile traveling on the pavement.