SPENCER, Justice.
This is an action for damages for injuries sustained when the plaintiff, Herman Caldwell, hereinafter referred to as plaintiff, was struck by an automobile owned and operated by Harold Heckathorn, hereinafter referred to as defendant. The jury returned a verdict for the defendant. Plaintiff has perfected an appeal from the judgment entered thereon.
The accident occurred about 10:30 p. m., on November 30, 1961, at a point at least 40 feet...
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