SMITH, Justice.
All witnesses agree it was a clear moonlight night a little after midnight, November 14, 1948. Plaintiff with four passengers was driving his 1936 Chevrolet sedan in a southerly direction on paved Highway No. 9 about a mile north of Sibley. His motor stalled and before they got it started they were struck by defendants' car traveling in the same direction. There was a verdict and judgment for plaintiff and defendants appeal.
The sole question...
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