This section contains the nature of the case and procedural background.

H and W drove to the home of a friend to pay a social visit. H was also interested in talking with Louis Calland, who was at the friend's farm, concerning employment for the following day. W, who was driving, backed her automobile into the driveway and parked it under a tree next to the house. H entered the home with W, but left fifteen minutes later. After waiting outside for more than two hours, H went back into the house and asked W whether she was ready to leave. When she told him that she was not ready, H again left the house. W left the friend's home by the front door approximately forty-five to fifty minutes after she had told H that she was not ready to leave. W looked for H but did not see him. She assumed that he had become angry and walked home through the woods, since such a walk took only five minutes. W unlocked the door on the passenger's side of the car and slid across the seat to the driver's side. She started the motor and backed up in order to avoid a hole in the driveway and a truck that had been parked nearby. The car struck H after she had backed up one and one-half to two feet. W did not look behind her or use the rearview mirror before backing her car, and even if she did, she would not have seen H because of his 'squatting position' behind the car. H said that he did not hear his wife leave the home and bid her friend goodbye, nor did he pay attention to the sound of the car door closing. H attempted to move only after hearing the car engine start. When he stood up, the car knocked him down and ran over him. He sustained a broken leg, a fractured hip, and minor injuries. H sued W, and the jury found for H. W appealed.

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