275 N.W. 372 | Minn. | 1937
The accident occurred at the intersection of Oak Park avenue and Penn avenue north in Minneapolis on the evening of July 3, 1934, *39 shortly after nine o'clock. Atmospheric conditions were perfect, and both streets were dry. The intersection is at right angles, and both streets are practically level. Plaintiff testified that, although it was dusk, weather conditions were such that he could see without the aid of a headlight for a distance of "a block easily." Plaintiff was driving northerly upon Penn avenue, a paved street 32 feet in width running north and south. Defendant, Mrs. Wolk, was driving her husband's car easterly upon Oak Park avenue, which is an oiled street 34 feet in width running east and west. Plaintiff was alone in his car. Mrs. Wolk and a friend occupied the front seat, and Mr. Wolk, her husband, occupied the rear seat of the Wolk car. There was no other traffic at or near the intersection at the time, no distracting circumstances, and no obstructions to the view of either driver. The headlights on both cars were operating. Both drivers claim to have looked both to their right and left before entering the intersection, yet neither saw the other approaching car. It is therefore obvious that they either did not look or, if they did look, did so inattentively. The court instructed the jury that:
"In this case the evidence shows that upon approaching and reaching a point at least 10 or 15 feet from the intersection the view of each driver was unobstructed; that there were no distracting circumstances to excuse either from not seeing a car approaching on the intersecting street; and that the physical fact is as disclosed by the evidence that both cars were in view as each driver reached a point at least 10 or 15 feet from the intersection."
On defendants' motion for judgment notwithstanding the verdict, the court being of opinion that Underdown v. Thoen,
Judgment affirmed.