PHILLIPS, J.
Plaintiff appealed to this court on questions of law from a judgment of the Court of Common Pleas entered upon a special jury verdict returned for defendant in plaintiff's action against him to recover damages for personal injuries.
The evidence discloses that during daylight, about 4:30 or 5 o'clock, on the afternoon of December 31, 1949, plaintiff, aged 69 years, was crossing from the
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