McIntire v. Engle
| Decision Date | 24 November 1965 |
| Docket Number | No. 9623,9623 |
| Citation | 90 Idaho 63,408 P.2d 159 |
| Parties | Allen McINTIRE, Plaintiff-Respondent, v. Paul ENGLE, Defendant-Appellant. |
| Court | Idaho Supreme Court |
Elam, Burke, Jeppesen & Evans, Boise, for appellant.
C. Ben Martin, Boise, for respondent.
On October 25, 1963, Allen McIntire, plaintiff-respondent herein, and Paul Engle, defendant-appellant herein, were involved in an accident at the intersection of 13th and Idaho Streets in Boise. McIntire was riding his motorcycle westerly on Idaho, a one-way through street; Engle was driving his car northerly on 13th and, after stopping at a stop sign on the corner of 13th and Idaho, proceeded to cross the intersection. Engle testified that after stopping at the stop sign, he Engle testified that he did not see the motorcycle before the collision, which occurred at a point approximately in the center of the intersection. The motorcycle hit the right side of Engle's car.
A bystander who witnessed the accident stated that McIntire was traveling 20 to 25 miles per hour in the center lane about 40 feet behind a car; another car was about the same distance in front of McIntire in the south lane of Idaho Street. When the witness first observed McIntire and the cars ahead of him, the cars were just crossing the intersection. He also testified that Engle proceeded after the cars passed and that the 'motorcycle had no chance, and I yelled, and the impact was sudden.'
A policeman, who arrived on the scene a few minutes after the accident, measured the skid marks of McIntire's motorcycle. They were in the center lane near the line dividing the center lane and the south lane and measured 35 feet, parallel to the center lane, until a few feet before the point of impact when they veered slightly north or toward the center of the intersection.
McIntire testified that he was riding in the center lane at 25 miles per hour, 30 to 40 feet behind a car, when Engle's car suddenly appeared in the intersection right in front of him and he veered to the right to try to avoid him.
A passenger in Engle's automobile testified that when Engle started to proceed after stopping at the stop sign, he looked down the street and all he noticed were two cars in the north lane of Idaho Street about a block away. When the car reached the south lane of Idaho Street, he first saw McIntire about 100 feet away, riding in the south lane. He stated:
McIntire instituted this action, alleging negligence by Engle, to recover damages for injuries to his person and...
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Vannoy v. Uniroyal Tire Co.
...96 Idaho 389, 391, 529 P.2d 1261, 1263 (1974); Edwards v. Walker, 95 Idaho 289, 292, 507 P.2d 486, 489 (1973); McIntire v. Engle, 90 Idaho 63, 66, 408 P.2d 159, 160 (1965); Kuhn v. Dell, 89 Idaho 250, 253, 404 P.2d 357, 358-59 (1965); Schwandt v. Bates, 88 Idaho 131, 133, 397 P.2d 244, 245 ......
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...v. Barker, 78 Idaho 67, 74, 297 P.2d 287, 291 (1956). The court properly refused to give the requested instruction. McIntire v. Engle, 90 Idaho 63, 408 P.2d 159 (1965); Kuhn v. Dell, 89 Idaho 250, 404 P.2d 357 (1965); Schwandt v. Bates, 88 Idaho 131, 397 P.2d 244 (1964); Allen v. Idaho Powe......
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Edwards v. Walker
...supporting the application of the doctrine in order to justify the giving of an instruction on last clear chance. McIntire v. Engle, 90 Idaho 63, 66, 408 P.2d 159 (1965); Kuhn v. Dell, supra, 89 Idaho at 253, 404 P.2d 357; Cournyer v. Follett, supra, 85 Idaho at 123, 376 P.2d 707; Allen v. ......
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Johnson v. Clearwater Stage Lines, Inc., 11114
...to justify giving such an instruction there must be substantial evidence supporting the application of the doctrine. McIntire v. Engle, 90 Idaho 63, 408 P.2d 159 (1965); Edwards v. Walker, 95 Idaho 289, 507 P.2d 486 (1973); Kuhn v. Dell, 89 Idaho 250, 404 P.2d 357 In Edwards v. Walker, supr......