143 Minn. 332 | Minn. | 1919
Plaintiff recovered a verdict for injuries caused by being struck by defendants’ auto truck at a street intersection in the city of Minneapolis. Defendants made an alternative motion for judgment notwithstanding the verdict or for a new trial, and appealed from an order denying their motion.
Defendants insist that plaintiff’s failure to observe the lights of the approaching auto when he stepped into the street and 'his failure to look again while proceeding some 30 feet, coupled with the fact that there was nothing to distract his attention, conclusively shows that he was chargeable with contributory negligence. Although the facts and circumstances are s'ometimes so conclusive that a court can say as a matter of law that the plaintiff was guilty of contributory negligence, this is usually a question for the jury. In the present ease, plaintiff, after stepping into the street, looked both ways, and, having satisfied himself that the street was clear in both directions, proceeded on his way without looking again. If the street had in fact been free of vehicles he could have crossed in safety. The street was bordered with
Defendants contend, not that the court was mistaken in saying that their own evidence showed that plaintiff was entitled to the right of way, but that this instruction “was, in effect, an instruction that the defendants were negligent and that the plaintiff was free from blame.”
The question as to whether plaintiff or the driver of the automobile was entitled to the right of way had no decisive or important bearing on the present ease. It did not enter as an element into the happening of the accident, for neither plaintiff nor the driver saw the other in time to avert the collision, and neither acted in the expectation that the other would give him the right of way. The court repeatedly impressed upon the jury the fact that the plaintiff and the defendants had equal rights in the street and that an equal and reciprocal duty rested upon each to exercise reasonable care to avoid a collision. The court also gave full and explicit instructions in respect to negligence and contributory negligence. In view of all the circumstances and of the other instructions we think the jury could not have been misled into giving undue weight to the statement that plaintiff had the right of way.
Order affirmed.