¶1Baron H. Gold, Cincinnati, Ohio, and Moloney, Moloney & Hurst, Lexington, Ky., for appellant.
¶2Harbison, Kessinger, Lisle & Bush, Carl J. Boone, Lexington, Ky., for appel-lee.
¶3Before MARTIN, McALLISTER and MILLER, Circuit Judges.
¶5This cause having been considered by the Court on the record, briefs and argument of counsel for the respective parties;
¶6And the Court being of the opinion that the appellant in walking upon the right shoulder of the highway at about 11:00 p. m., when he was struck and injured by appellee’s automobile which was traveling in the same direction as was appellant, was violating the provisions of Kentucky Revised Statutes 189.570 *152and by reason thereof was contributo-rily negligent as a matter of law;
¶7And that it was not error on the part of the District Judge to sustain appel-lee’s motion for summary judgment by reason thereof; Saddler v. Parham, Ky., 249 S.W.2d 945; Applegate v. Johnson, 306 Ky. 358, 208 S.W.2d 77; See also Hughes v. Bates’ Adm’r, 278 Ky. 592, 129 S.W.2d 138;
¶8It is ordered that the judgment of the District Court be affirmed.