GILLETTE, Justice.
In this personal injury case, the trial court admitted evidence of plaintiff's "habit" of invariably using a particular crosswalk in crossing a street at a certain intersection. Plaintiff offered the evidence to prove that he must have been in that particular crosswalk when he was struck by defendant's car. A jury returned a verdict for plaintiff. Defendant appealed. The Court of Appeals affirmed. Charmley v. Lewis,
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