Eberdt v. Muller
| Decision Date | 05 May 1942 |
| Citation | 3 N.W.2d 763,240 Wis. 341 |
| Parties | EBERDT v. MULLER et al. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
On motion for rehearing.-[By Editorial Staff.]
Motion denied.
For former opinion, see 2 N.W.2d 367. Sanborn, Blake & Aberg and Edwin Conrad, all of Madison, for appellants.
Donovan, Gleiss & Goodman, of Sparta, for respondent.
The appellants have filed a motion for rehearing. In their brief on the motion counsel find fault with the opinion in forty-two separate respects by actual count. One of their complaints we find justified. That one is the interpretation given in the opinion of sec. 85.10(22), Stats., which reads:
The statute should be interpreted as fixing the intersection as bounded by a quadrilateral made by the north line of the county trunk, a line extending the south line of the county trunk across the town road and lines extending the two lateral lines of the town road across the county trunk. This follows from the language of the statute itself, not because as argued by appellants, it is required by Weiberg v. Kellogg, 188 Wis. 97, 205 N.W. 896. The Weiberg case does not construe the statute, and therefore does not control its interpretation, as it was decided in 1925 and the statute was enacted by Ch. 454, sec. 3, Laws of 1929.
Although the interpretation of sec. 85.10(22), Stats., as it stands must be as above stated we conclude, that sec. 85.17 (2) relating to left turns at intersections is impossible of application in situations such as was here involved. Examination of the plat will roughly indicate that sit-
uation although it is not to scale, and will indicate it more clearly than is possible to describe it by words. The lateral edges of the portion of the left lead of the town road surfaced for travel follow curved lines not parallel and diverge so that the prolongation-to follow the language of sec. 85.10(22)-of the lateral lines of the two highways form a quadrilateral with the north and south sides parallel and 70 feet long at the south and 180 feet at the north. The other two sides are diverging curves 70 feet apart at the south and 180 feet at the north. Taking the center of the intersection as the point where medial lines of the quadrilateral intersect, the center of the intersection would be 140 feet northwest of the west apex of the grass plot. To pass to the left of the center of the intersection as thus fixed as required by sec. 85.17(2) the truck would have to travel 120 feet on the deceased's half of the county trunk road. These figures are as approximate as one may judge them by applying the scale to the map in evidence and judging as nearly as may be the extension of the curves of the lateral edges of the town road. A driver turning left from the town road could not even approximate the center of the intersection as declared by sec. 85.10(22), Stats. An attempt of a driver to conform to sec. 85.17(2) in turning left would create a situation of imminent danger from which it would be all but impossible for the drivers to escape. The collision occurred about 70 feet from the west point of the ...
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