eBook details
- Title: Bresnick v. Heath
- Author : Supreme Court of Minnesota
- Release Date : January 31, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
RUGG, Chief Justice. This is an action of tort to recover compensation for damages to the automobile of the plaintiff alleged to have been caused by the negligence or Concurring negligence of the defendant. The plaintiff offered evidence tending to show that on a July morning he permitted his son, twenty-one years of age and a licensed operator, to take his automobile; that in it the son in company with two others was traveling along the Andover road, so called, in Reading; that Franklin street intersected and crossed Andover road at right angles; that the paved portion of Andover road was approximately forty feet in width and provided four lanes for automobile traffic, the outside lanes being of concrete and the inside lanes, divided by a white line, being of tarvia construction; that there was a gravel shoulder on each side of the road about a foot and a half wide; that Andover road on each side of the intersection was straight for a distance of more than five hundred feet, so that anyone approaching the intersection had an unobstructed view of it; that when the plaintiffs son reached a point two hundred feet before the intersection with Franklin street he observed the automobile driven by the defendant coming slowly from his right along Franklin street toward Andover road where it came to a full stop at the right hand edge of the concrete; that at that time the plaintiffs son was driving at approximately forty miles an hour, there being no other traffic in sight on either Andover road or Franklin street; that believing the defendant had stopped to allow him to pass, he increased the speed of the automobile to about forty-five miles an hour; that when he reached a point perhaps one hundred fifty feet from the intersection the defendant suddenly and without warning started to cross Andover road; that the plaintiffs son thereupon applied his brakes and swerved to the left intending to drive into Franklin street to his left in order to avoid the accident; that the defendant continued to cross Andover road; that the automobiles came together nearly in the middle of the highway, the plaintiffs automobile striking that of the defendant at about the left front door.