184 N.W. 261 | S.D. | 1921
Action to recover damages to an automobile resulting from a collision with a truck by reason of the alleged negligence of the driver of said truck. From a verdict and judgment in favor of plaintiff, defendant appeals.
The vital question presented is whether the evidence is sufficient to sustain the verdict under the instructions of the court, appellant’s contention in substance being that, measured by the instructions' given, the verdict should not be permitted to stand, for the reason there was no evidence whatsoever of negligence on the part of appellant, while on the contrary respondent was by the undisputed evidence shown to be guilty of contributory negligence of such a character as would preclude plaintiff from a recovery, that appellant, as a matter of law, had the right of way at this street intersection, and that respondent was at fault in not observing it. The record in substance shows the following facts: That the collision took place at or near the intersection of Ninth and South streets in the city of Rapid City, at a time when both vehicles were moving at a moderate rate of speed; that the following plat shows the relative position in the traveled portion of said streets of the course or path pursued by each of said vehicles immediatel)'' prior to the collision:
“Every driver of a motor vehicle approaching the intersection of a street or highway shall grant the right of way at such intersection to any vehicle approaching such intersection from his right; * * * every driver of a motor vehicle turning into another street or highway to' the right shall turn the corner as near the right-hand boundary of the road as possible..* * * Every driver of a motor vehicle turning into another street or highway to the left shall, before turning, pass, wherever possible, to the right*456 and beyond the center of the intersection of the two streets or highways.”
Section 8632, Code 1919, provides:
“Whenever one person shall meet another on an}' bridge or road, traveled by wagon, carriage, sled or other vehicle, each shall pass to the right of the middle of the traveled part of such bridge or road, so that the respective vehicles may pass each other without interference.”
A city ordinance, not in conflict with any state statute, provides that—
“A driver of any vehicle in the city of Rapid City shall as far as possible keep to the right of the center line of the street along which he is traveling.”
Under these provisions of the general' statute, and the city ordinance, respondent was at all times observing the rules of the road. Respondent had the right to turn said corner as he did, and had no duty to apprehend that he would find the truck of appellant on the left side of South street. Respondent had the right of way on the right side of Ninth street going southward, and also had the right of way on the right side of south street going westward. If appellant had been observing the rules of the road and had been 011 the right side of the center of South street going eastward, this collision would never have occurred. If respondent had intended continuing southward on Ninth street, it then would have been his duty to have given defendant’s truck the right of way, but respondent, not intending to so continue southward across South street, was not required to take into consideration the appellant’s right to the right of way at such street intersection as the route intended to be taken, and which was taken by respondent, would in no manner interfere with appellant’s right of way to continue eastward on South street, if appellant had been where he should, have been in going eastward on South street. Although the truck of appellant in the absence of other vehicles, might properly have been moving on the left side of South street in going eastward, still 'it was the duty of the driver of the truck to apprehend the probability of another vehicle, having the right of way, turning into that side of the street in front of him from a cross street, and which would have immediately required the truck so headed eastward to cross over on to
Finding no prejudicial error in the record, the judgment and order appealed from are affirmed.