Plaintiff Varela and the Marinos were walking across City Island Avenue, at other than an intersection or crosswalk, at 2:00 A.M. on August 9, 1970, when they were struck by a car driven by defendant Steve Previti. The evidence was all but conclusive that defendant was negligent. However to determine whether Varela was contributorily negligent it was essential for the jury to pass on whether defendant's headlights were on at the time of the accident. Critical to a resolution...
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