203 Wis. 509 | Wis. | 1931
The responsibility for the collision in this case rests upon respondent. After deciding to cross over to the left side of the highway and before attempting to do so,’ it was his duty to find an opportunity sufficiently clear so that in the exercise of ordinary care he could cross with
The respondent seems to feel that his rights are to be analyzed from the viewpoint of one passing through an intersection of highways and cites such cases as Werner v. Yellow Cab Co. 177 Wis. 592, 188 N. W. 77. The distinction between such case and this one is apparent. At highway crossings indications readily suggest to one approaching the likelihood of some one crossing his path. ' Here no one but respondent knew or had reason to suspect his intention to leave the right side of the road and enter into the pathway of the appellant.
The uncontroverted evidence shows respondent guilty of a want of ordinary care in the management of his automobile in entering upon the left side of the highway' which caused the injury to himself and to the appellant. Respondent thinks he was opposite the driveway of the premises he was intending to visit. The evidence shows this to be a guess. The accident has affected him to such an extent that it is difficult for him to recall some things. Just where he turned may not be of much importance in determining his liability under the circumstances, but the' conclusive evidence on this point shows that in moving over into the left side of the highway his machine was headed easterly and northerly as against a direct turn to the north. Evidently he intended to drive into the premises between the telephone pole and the fence, this resulting in his moving gradually in a diagonal course instead of a right-angle turn to the left.
Under the facts in this case the trial court should have held as a matter of law that the respondent was guilty of negligence in failing to keep a proper lookout and in turning to the left to cross the line of travel of appellant’s automobile. The appellant was entitled to his motion to change
By the Court. — Judgment reversed, with directions to dismiss the complaint and enter judgment upon the counterclaim in favor of appellant.