236 N.W. 306 | Minn. | 1931
1. On June 10, 1930, the defendant was driving his auto easterly on Nicollet avenue in North Mankato approaching Cross street. The plaintiff's truck was being driven southerly on Cross street approaching Nicollet avenue. A collision occurred in which the auto and truck were damaged and the defendant slightly injured. The defendant had the right of way. 1 Mason, 1927, § 2720-18; 3 Dunnell, Minn. Dig. (2 ed. Supp.) § 4164a. There was evidence that he was going 10 to 15 miles per hour. There was evidence that the truck was going 25 to 30 miles per hour. The evidence would sustain a finding either way as to which reached the intersection first. There was evidence that the plaintiff swerved to the left and then to the right and that the point of contact was between the rear part of the truck and the front of the auto. The defendant looked as he approached Cross street. A hedge at the northwesterly corner of the intersection obstructed the view. A pedestrian *288 was crossing Nicollet avenue on the easterly side of Cross street and required some attention. There is testimony that the driver of the truck immediately upon the collision said: "I saw you all right, but I thought by speeding up I could get past you." The evidence sustains the finding that the defendant was not negligent and that the plaintiff was. No further review of the facts is required.
2. The plaintiff makes the claim that the driver of its truck had departed from its employ in going to dinner and was without the scope of his employment, citing Provo v. Conrad,
Order affirmed. *289