125 Minn. 399 | Minn. | 1914
Action to recover damages, for injuries to an automobile truck alleged to have been caused by a collision with one of defendant’s street cars resulting from its negligence. The cause was tried to the court without a jury, findings made for plaintiff, and defendant appealed from an order denying a new trial.-
The accident occurred December 11, 1912, shortly after noon, at the intersection of- Grand and Hamline avenues, in St. Paul. Grand avenue runs east and west, is 80 feet wide, and the distance from the property line to the center of the track on which the accident oe
Defendant’s negligence is conceded, and the sole question raised relates to the contributory negligence of plaintiff’s employee in charge of the truck. The court, having found this issue against defendant’s contention, its determination must stand, unless so manifestly and palpably against the weight of the evidence that a contrary finding was required. Furthermore, this court is not disposed to reverse on the ground of contributory negligence, unless such clearly appears. Schmidt v. Great Northern Ry. Co. 83 Minn. 105, 85 N. W. 935; Jenkins v. Minneapolis & St. L. R. Co. 124 Minn. 368, 145 N. W. 40. G. S. 1913, § 2632, provides that motor vehicles shall be equipped with adequate brakes, sufficient to control them at all times, and further makes it the duty of one operating such a vehicle, upon approaching an intersecting highway where his view is obstructed, to slow down and give a timely signal. Section 2635 prohibits the driving of a motor vehicle at a speed greater than is reasonable and proper, having regard to the traffic of the street. The vehicle in question was a 1,500 pound delivery truck, and could be stopped in half its length when running 10 miles an hour, if the traction was good, and, if bad, in a little over its own length of about 13 feet. The chauffeur was familiar with the locality and the manner in which cars were there operated on defendant’s track. He testified that in approaching Grand or Hamline there was a slight rise before reaching the cross-walk, which he approached at reduced speed of not more than 10 miles an hour, at the
On this testimony, and notwithstanding it is disputed in material regards, thus making a somewhat close question, we cannot, without being out of accord with the authorities cited, say the court erred in failing to find that the chauffeur violated the statute in any regard, or was negligent in failing sooner to observe the approaching car, or that after he saw the car he failed to take reasonable steps to avoid the collision. The case is unlike Bartroot against this same defendant, supra, page 308.
Order affirmed.