280 N.W. 288 | Minn. | 1938
1. Plaintiff urges that the court erred in not submitting the question of speed as bearing on the question of due care. He claims that both under the statute and independent thereof defendant's speed was excessive under the circumstances. Great stress is laid upon 3 Mason Minn. St. 1936 Supp. § 2720-4(b) (3), which provides that it is prima facie evidence of negligence of the driver of an automobile to drive in excess of 15 miles per hour when approaching *164
within 50 feet of a street intersection when the driver's view is obstructed, and that a driver's view is obstructed under the statute when at any time during the last 50 feet of his approach to the intersection he does not have a clear and unobstructed view of the intersection and of traffic upon all of the highways entering such intersection for a distance of 200 feet from such intersection. The evidence justifies a finding of obstructed view because of the height of the snowbanks. Assuming that the speed was prima facie evidence of negligence under the statute, in order to be a basis for recovery it must have been a proximate cause of the injury. Provinsal v. Peterson,
2. It is claimed that the court should have submitted to the jury the question whether the defendant had his car under proper control. We have examined the record and fail to find any evidence that he did not have it under proper control. The ruling of the court below was correct.
3. It is urged that the court erred in denying plaintiff's motion to strike from the record a city ordinance of Duluth which prohibits *166
coasting and sliding on public streets and that the court erred in instructing the jury that the defendant had the right to assume that other persons using the streets would exercise reasonable care under the circumstances and obey the law, unless and until the contrary appeared. Plaintiff's counsel consented to the introduction of the ordinance in evidence. This was an express waiver of any objection to it. Defendant had a right to assume, as limited by the charge, that others upon the streets would not be coasting and sliding there in violation of the ordinance. 42 C. J. p. 1048, § 795. In Jacobsen v.
Many other assignments of error are made, none of which merit separate consideration.
Order affirmed.