CROCKETT, Justice.
Plaintiff Joseph Gittens as a pedestrian was proceeding eastward across Main Street (also U.S. Highway 91) of Smithfield, Utah, at dusk on the 27th day of February, 1953, when he was struck and injured by the defendant Royce Lundberg driving his car from the north. There is a sharp dispute in the facts as presented by witnesses for the respective parties: whether plaintiff was walking or running at the time he was struck; whether he was intoxicated...
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