94 Vt. 354 | Vt. | 1920
As to the other, the defendant testified that he did not see the big cow until he was within about 15 feet of her. Yet the road was straight and level, and, according to the evidence, his headlights were. in good condition and lighted the road ahead throughout its full width for a distance of 18 or 20 rods. The cow was walking in the west wheel track, which was the side on which she belonged, and, if the defendant had been exercising anything like the watchfulness that the circumstances demanded of him, he should have sooner discovered the cow in the road.
It is suggested that he ought to have carried a light. But the law does not expressly require it, and we cannot say as matter of law that it was necessary. Indeed, a light would not have saved him, for, as we have seen, the-lights of the automobile brought him into the driver’s plain view when the ear was yet 18 or 20 rods away. The mere fact that the cows were being driven instead of being led, is not conclusive. Fitzsimmons v. Snyder, 181 Ill. App. 70; Bewernitz v. Detroit, etc., Ry., 195 Mich. 528, 161 N. W. 976, L. R. A. 1917 E, 767. The simple truth is that the whole question is one of fact. It is one of those practical questions especially adapted to the consideration of men of common sense and experience, and cannot be ruled as a question of law.
Judgment affirmed.