Garlington V. Mclaughlin

The complaint alleges that defendant was going east on Van Buren Street and (1) negligently ran into plaintiff and injured him; (2) that defendant was negligently traveling on the left or north side of the road in violation of law; (3) that he was traveling at a speed in excess of fifty miles an hour, a speed greater than was consistent with ordinary care considering the width of the road and the travel thereon; also that where the accident occurred was a residential district and the lawful limit therein was twenty-five miles an hour; and (4) that defendant did not keep a proper lookout for plaintiff, who was walking across Van Buren Street from the south to the north and was on the left half thereof when struck; that if defendant had been in the exercise of ordinary care he could have seen plaintiff's danger and avoided running into him by stopping or slackening the speed of his automobile or by keeping on the right side of the highway.