Most v. Cedar County
| Decision Date | 08 February 1934 |
| Docket Number | 28783 |
| Citation | 252 N.W. 465,126 Neb. 54 |
| Parties | JAMES MOST, APPELLEE, v. CEDAR COUNTY, APPELLANT |
| Court | Nebraska Supreme Court |
APPEAL from the district court for Cedar county: MARK J. RYAN JUDGE. Reversed and dismissed.
Judgment reversed and action dismissed.
Syllabus by the Court.
1. It is the duty of a county to keep county roads in repair and for that purpose road tractors and maintainers may be operated on the left-hand side of a road in the face of traffic, when necessary.
2. Where the evidence is insufficient to sustain a judgment in favor of plaintiff, failure to direct a verdict in favor of defendant may be reversible error.
3. Highway privileges of motorists require respect for the equal rights of others in the use of public roads .
4. It is a general principle that it is negligence as a matter of law for a motorist to drive a motor vehicle on a public highway at such a rate of speed that it cannot be stopped or turned aside in time to avoid an obstruction discernible within the range of his vision ahead and the rule applies to driving in the daytime where vision is shortened by storms or other physical conditions.
Appeal from District Court, Cedar County; Ryan, Judge.
Action by James Most, a minor, by Forrest Most, his father, as next friend, against Cedar County. Judgment for plaintiff, and defendant appeals.
Judgment reversed, and action dismissed.
Clarence E. Haley, for appellant.
Carlos W. Goltz and Alfred Pizey, contra.
Heard before GOSS, C. J., ROSE and PAINE, JJ., and CHASE and ELDRED, District Judges.
This is an action to recover damages in the sum of $ 17,600, for alleged negligence resulting in personal injuries. James Most, a minor 19 years of age, by his father, his next friend, Forrest Most, is plaintiff. Cedar county is defendant. In the daytime, July 8, 1932, while plaintiff, on a motor-cycle, was traveling westward a short distance east of Belden on a county highway, he collided with a county road maintainer that was going eastward and was severely injured. The negligence imputed to Cedar county is that its maintainer, without warning by horn, flag or other means, came up a hill to the top on the wrong, left-hand or north side of the road, as plaintiff, without negligence, approached the top of the hill from the east on the same side of the road, where he could not see the maintainer in time to prevent a collision. Defendant denied the negligence charged by plaintiff and pleaded that his injuries were caused by his own negligence. Upon a trial of the issues the jury rendered a verdict in favor of plaintiff for $ 1,500. From a judgment therefor defendant appealed.
It is argued by defendant that plaintiff did not prove his case that the uncontradicted evidence shows his injuries were caused by his own negligence, and that the district court erred in failing to direct a nonsuit. It is the duty of a county to keep county roads in repair and for that purpose necessary road machinery or suitable equipment may be used, even in the face of traffic on the left-hand side of the road. The road machinery with which plaintiff collided consisted of a tractor in front and a maintainer in the rear, each operated by a different employee of the county. On the maintainer a steel blade attached to a diagonal moldboard 16 feet and 3 inches in length extended into the improved roadway from the left-hand or north side about 12 feet and between 3 and 4 feet beyond the tractor. There was a flag 45 inches above the ground on the outer end of the blade. There is no evidence that this equipment was unsuitable for the purpose of repairing roads or that the county was negligent in using it or that it was negligently operated. The evidence does show, however, that...
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