(Download) "Frank M. Adelmann v. Elk River Lumber" by Supreme Court of Minnesota # eBook PDF Kindle ePub Free
eBook details
- Title: Frank M. Adelmann v. Elk River Lumber
- Author : Supreme Court of Minnesota
- Release Date : January 30, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
(1) Defendants erroneously contend that the order of the trial court should be affirmed, despite the errors set forth in the above opinion, on the ground that plaintiff was contributorily negligent as a matter of law for failing to see that which was in plain sight. Plaintiff testified that just before he entered the intersection he looked to his right and saw nothing for a distance of 150 feet, or perhaps halfway down the block. Considering the speed of the two vehicles, a jury could reasonably have found that defendants truck was not then within 150 feet of the intersection and that plaintiff was not negligent in failing to see such vehicle. If defendants vehicle was more than 150 feet away, the jury could reasonably conclude, in the light of the speed of both vehicles, that plaintiff was not contributorily negligent as a matter of law in entering the intersection. The issue was for the jury.