Molin v. Wark
| Decision Date | 13 January 1911 |
| Docket Number | 16,782 - (173) |
| Citation | 129 N.W. 383,113 Minn. 190 |
| Parties | JOHN MOLIN v. JOHN M. WARK |
| Court | Minnesota Supreme Court |
Action in the district court for Ramsey county to recover $5,000 for personal injuries to plaintiff's minor son, caused by the defendant negligently driving his automobile at an excessive and unlawful rate of speed and upon the wrong side of Rice street, St. Paul, to wit: the left hand side of the street. The answer admitted the collision with plaintiff's son but denied the other allegations of the complaint, and alleged the contributory negligence of the son. The reply was a general denial.
The case was tried before Kelly, J., and a jury which returned a verdict in favor of plaintiff for $4,662.50. Defendant's motion for a new trial was denied on condition that plaintiff accept a reduction of the verdict to $4,000. From the order denying the new trial on this condition, which was accepted by plaintiff, defendant appealed. Affirmed.
Driver's violation of statute in turning into street.
A driver of a motor vehicle, who negligently, because of excessive speed or not having his machine under control fails to keep to the right of the intersection of a public street, when turning to the right, but crosses to the left instead, and collides with another vehicle lawfully upon that side of the street, whose driver is free from negligence, is responsible for the consequent damages. Sections 14, 16, c. 259, Laws 1909.
Evidence.
The evidence justified the jury in finding that appellant violated this law in not having his automobile under control, and that he negligently crossed over to the left side of the intersecting street, and collided with respondent's son, who was riding a motorcycle, lawfully upon that side of the street, and free from negligence.
Rulings of court.
No errors in the rulings or charge.
Harris Richardson and Harold C. Kerr, for appellant.
Briggs, Thygeson, Loomis & Everall, for respondent.
This action is based upon the charge that respondent's son, Alfred Molin, while riding a motorcycle on Rice street, in the city of St. Paul, was negligently and unlawfully run into by appellant's automobile.
Young Molin testified that he and his companion, Jorgenson, were riding south on the right-hand side of Rice street at a speed of four or five miles an hour, and when nearing Central avenue they saw an automobile coming from the east on Central avenue; that it turned rapidly into Rice street, and ran in a diagonal direction across to the west side; and that he (Molin) thereupon turned toward the curb, for the purpose of passing to the right of the automobile, when the collision occurred. He said: * * *"
Jorgenson, who was also riding a motorcycle, testified that they rode down the west side of Rice street at the rate of six or seven miles an hour, and said: This witness claimed that the automobile was running from twenty-five to thirty miles an hour when it came around the corner from Central avenue.
Both Molin and Jorgenson testified that they were within five or six feet from the west curb, and just before seeing the automobile come around the corner they had swung a little closer to the curb for the purpose of being in position to make the turn into Central avenue to go east. Jorgenson was thrown from his motorcycle, but did not get under the automobile.
All of the witnesses agreed that the collision occurred at a point about forty feet north of Central avenue, in front of Kamp's confectionery store, on the west side of Rice street, and that the automobile had practically come to a stop, with the left wheels close to the curb, when the impact occurred. Molin was found under the automobile, lying with his head towards the curb and his feet extending a little beyond and just behind the right front wheel. The machine had to be lifted to get him out, and he was unconscious, his left leg broken in two places, and he was otherwise severely bruised and injured.
Appellant testified that he came from the east on Central avenue, and turned to the right to go north on Rice street; that he was not running more than four or five miles an hour at the time he reached the center of Rice street; that he had his machine under perfect control, and did not turn to the right side of Rice street, for the reason that he saw the two young men on their motorcycles coming down rapidly, a little east of the center of Rice street, apparently with their heads down and not seeing the automobile; and in order to avoid a collision with them he turned his machine to the west side of Rice street, and that after doing so the young men changed their course toward the automobile, and, just before the collision, Molin, who was in advance of Jorgenson, fell from his machine and slid, head foremost, with his motorcycle, under the automobile.
The witness Meyerding testified for respondent as follows ...
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