MILLIKEN, Judge.
On the Watterson Expressway about 3:00 a. m., on February 7, 1959, the appellee, Joseph Willett, was struck by the oncoming automobile of Gene Allen Hamm which he was trying to flag down so that the appellant Bruce Baker, operator of the service truck of the appellant Standard Oil Company, could pull out the mired automobile of Robert H. Hinton, Jr., one of Willett's friends, from the divider strip between the east and westbound lanes of the Expressway...
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