Norton v. Nelson, 35625

• Decision Date: 21 March 1952
• Docket Number: No. 35625,35625
• Citation: 53 N.W.2d 31,236 Minn. 237
• Parties: NORTON v. NELSON et al.
• Court: Minnesota Supreme Court

Page 31

53 N.W.2d 31

236 Minn. 237

NORTON v. NELSON et al.

No. 35625.

Supreme Court of Minnesota.

March 21, 1952.

Rehearing Denied April 18, 1952.

Syllabus by the Court.

1. The right of a driver on an arterial highway to assume that another driver approaching on an intersecting highway will heed the stop sign is not absolute. It exists only where the driver on the arterial highway is traveling at a lawful rate of speed and is lost entirely if he is traveling at an unlawful speed. Since there was evidence from which the jury might find that defendant Anselmo was negligent in not traveling at an appropriate reduced speed in view of the weather and highway conditions and the fact that he was approaching an intersection, in not keeping a proper lookout, and in failing to exercise due care after observing that the automobile in which plaintiff was a guest was not going to stop for the stop sign; and that such negligence was a contributing proximate cause of the collision, trial court properly denied his motion for judgment notwithstanding the verdict against him.

2. Since the failure to drive at an appropriate reduced speed in compliance with M.S.A. § 169.14, subd. 3, constitutes driving at an Unlawful speed under § 169.20, subd. 1, it was not error in the instant case to instruct the jury that the driver of a motor vehicle traveling at an unlawful speed forfeits any right of way which he otherwise would have under the statute.

Freeman, King, Larson & Peterson and Robert L. Hoppe, all of Minneapolis, Hilding Swanson, Brainerd, for appellant.

Sexton, Tyrrell & Jardine, St. Paul, for defendant respondent.

Lt. Col. Carl E. Erickson, Brainerd, for plaintiff respondent.

CHRISTIANSON, Justice.

This action arises out of a head-on collision between an automobile owned by defendant Vernon C. Nelson and operated by defendant Kenneth E. Nelson, as his agent, in which plaintiff was a passenger, and an automobile owned and operated by defendant Frank Anselmo. Plaintiff had a verdict against all defendants. From an order denying his alternative motion for judgment or a new trial, defendant Anselmo appeals.

Viewing the evidence in the light most favorable to the verdict, as we must, the following facts appear: The collision occurred on July 23, 1950, at approximately 7 p.m., at the junction of trunk highways Nos. 210 and 169 in Aitkin county. Highway No. 169 runs generally north and south and is intersected from the east by highway No. 210. The two highways join at Aitkin, Minnesota, and continue north as one highway to the so-called Hassman corner, where highway No. 210 curves to the right and continues east to Duluth, whereas highway No. 169 continues north to Hill City and Grand Rapids, Minnesota. The Anselmo automobile was proceeding north on highway No. 169, and the Nelson car was traveling in a westerly direction on highway No. 210 prior to the collision.

Going north from Aitkin, the surface of the two highways is concrete and is 22 feet wide, with two lanes, one for northbound and the other for southbound traffic. After highway No. 210 continues east to Duluth from the Hassman junction, it is also a two-lane paved highway. However, at a point about 100 yards south of the turn off to Duluth, highways No. 169 and No. 210 have been widened into a three-lane highway by the addition of a third lane, making the concrete surface 33 feet wide. The added lane is to the east of the regular two lanes. The three lanes continue around the curve to the right at the Hassman junction as highway No. 210 leaves highway No. 169 and continues for about a quarter of a mile east toward Duluth.

The view of a driver approaching the junction on either of the highways is unobstructed. Highway No. 210 intersects No. 169 in the form of a Y. The left arm of the Y leads south to Aitkin, whereas its right arm leads north to Hill City and Grand Rapids on No. 169. There is a stop sign on No. 210 about 20 to 30 feet east of highway No. 169. There is also a yellow warning sign 200 to 300 yards back from the stop sign, and there is a sign located at a point east of the junction indicating the direction to Aitkin.

It had been raining off and on the day of the accident. Although the surface of the highway was wet, it was not raining at the time of the collision, and it was still daylight. Defendant Anselmo testified that he was driving north on highways No. 210 and No. 169 at a speed of 50 miles per hour. He had encountered rain just before reaching the Hassman junction, and his windshield wipers were in operation at the time of the accident. When he was about 200 paces south of where highway No. 210 turns east to Duluth, he said that he slowed down to 40 miles per hour. He then saw the Nelson car approaching from the east. It was about 200 paces from the point of impact at the time, and it had not quite started into the Y. There was another car following the Nelson car entering on the other lane going north to Grand Rapids. Anselmo took his eyes off the Nelson car for just a matter of seconds and watched this car to see what it was going to do. He applied his brakes when he observed that the Nelson car was not going to stop. Each car was then about 100 paces from the point of impact. The Nelson car was traveling 40 miles per hour. Anselmo put on his brakes as hard as he could, but his car slid ahead on the wet pavement. He said that after the brakes were applied he had no steering control over his car, and he collided head on with the Nelson car at the junction. There were 90 feet of skid marks from the Anselmo automobile extending in a straight line for one-half to two-thirds of their total distance and then curving for a distance of over 10 to 20 feet into the west lane of highway No. 169. Plaintiff was severely injured, and both automobiles were substantially damaged as a result of the impact.

Defendant Kenneth E. Nelson testified that before making the trip in question he had never driven over this highway, and that as he drove west on highway No. 210 he saw the sign indicating a left turn to Aitkin, his intended route. He stated that in following the turn to the left at the Y he figured that he was on the main road and that automobiles coming into the highway from any other road should stop. He first saw the Anselmo car when it was about 400 feet from his car. He slowed down for the corner and entered the turn at a speed of not more than 35 miles per hour. He saw the Anselmo car approaching, but did not pay particular attention to it. He testified that the Anselmo car seemed to come 'up out of nowhere pretty fast,' and that he endeavored to turn out of its path when he realized it was coming so close that there might be a collision. He did not apply the brakes on his automobile before the impact.

1. Since defendants Nelson have not appealed, the principal issue presented is whether the evidence supports the jury's verdict against defendant Anselmo. The finding of negligence on Anselmo's part is predicated on excessive speed at the intersection, failure to keep a proper lookout, and failure to use due care after he observed that the Nelson car was not going to stop for the stop sign. Anselmo contends that no negligence on his part was shown and that the evidence conclusively established that defendant Nelson's negligence was the sole and proximate cause of plaintiff's injuries; therefore, that it was error for the trial court to deny his motions for a directed verdict and for judgment notwithstanding the verdict.

Under M.S.A. § 169.14, subd. 3, ¹ Anselmo was required to drive at an appropriate reduced speed when special hazards existed by reason of weather or highway conditions and when approaching and crossing an intersection. As previously stated, the pavement on which he was driving was wet. His windshield wipers were in use, as he had encountered rain shortly before the collision. He testified that he had been driving at a speed of 50 miles per hour and that he reduced his speed to 40 miles per hour as he approached the intersection. When he noticed that the Nelson car was not going to stop, he applied his brakes as hard as he could. His automobile was 100 paces, or roughly 300 feet, from the point of collision when the brakes were applied. The Nelson car was then about the same distance from the point of collision. The brakes on Anselmo's car locked, and it slid ahead into collision with the Nelson car. Both cars were badly damaged. The Anselmo car left skid marks on the pavement measuring 90 feet in length.

Since Anselmo could not stop his car in 300 feet after learning that the Nelson car was not stopping for the stop sign, it was permissible for the jury to find that he was traveling in excess of 40 miles per hour and that he was not driving at the appropriate reduced speed required by the statute. The jury was not bound to accept his testimony as to his speed. It could conclude from the character of the damage to the...