Giese v. Kimball
Decision Date | 14 December 1918 |
Docket Number | No. 31781.,31781. |
Citation | 184 Iowa 1283,169 N.W. 639 |
Parties | GIESE v. KIMBALL. |
Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Pottawattamie County; O. D. Wheeler, Judge.
Action for damages resulting from an automobile collision on the streets. At the close of the evidence there was a directed verdict for the defendant, and the plaintiff appeals. Affirmed.
Ladd, J., dissenting.H. L. Robertson and Killpack & Northrop, all of Council Bluffs, for appellant.
Kimball & Peterson, of Council Bluffs, for appellee.
[1] The accident in question occurred at an intersection of streets. According to plaintiff's evidence, the defendant was driving south at 20 or 25 miles an hour along the west side of Glen avenue, while the plaintiff was driving west at 10 or 12 miles an hour along the center line of Pierce street. The point of collision was at the southeast corner of the intersection of these two streets. At the time of the collision defendant's car was pointed slightly southeasterly, while that of the plaintiff was pointed southwesterly. The right front spring of the defendant struck the right front wheel of the plaintiff. The accident having occurred at a point where the plaintiff was on the wrong side of the road, the first presumption of fault rested upon the plaintiff, and the burden was upon him to overcome it, and to show that his presence there under the circumstances was consistent with ordinary care. The circumstances relied on by the plaintiff to that end, and to the end, also, of showing the negligence of the defendant, are in brief that the defendantwas turning eastwardly from Glen avenue into Pierce street, and that, instead of going around the center of the intersection to the south side of Pierce street for that purpose, he “cut across” the northeast corner of the intersection within one foot of the curb, and that by reason of such position taken by the defendant, and the direction in which and speed at which he was going, a collision was rendered so imminent that the plaintiff drew his car to the left in an attempt to avoid such collision. Each of these streets was 30 feet wide between the curb. Each of the cars was about 15 feet in length and 5 or 6 feet in width. The plaintiff himself testified as a witness as follows:
...
To continue reading
Request your trial