FRITZ, C. J.
The injuries to Clarence Dillenberg for which recovery is sought in this action were sustained at 2:30 p. m., on November 19, 1948, while he was riding in an automobile operated by the defendant Patrick Carroll on a highway extending north and south. Along the place of the accident there was a black-top surface on the highway twenty-two to twenty-four feet wide, with the east shoulder of the roadway approximately four to five feet wide and rough and grassy...
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