
    No. 281
    DORAN v. BETHARDS
    No. 20330.
    Supreme Court
    On motion to certify.
    Dock. Feb. 17, 1927,
    5 Abs. 121.
    606. HIGHWAYS — What is included in improved portion of highway as stated in Sec. 6310-27 GC., and is same a question for jury to determine?
    Attorneys — Martin & Corry for Doran; C. W. Tehan and H. A. Brenner for Bethards; all of Springfield.
   The question involved in this ease is whether or not an engine of a motor truck which stalls while being operated on the highway creates an “emergency” within the meaning of exception prescribed in Sec. 6310-27 GC., regulating stopping of motor vehicles on public highways ?

Does the jury determine whether only the paved portion of the highway is that part meant by the statute or does the statute include the dirt berm?

Note — Motion to certify overruled, 5 Abs. 171.  