31 N.W.2d 265 | Minn. | 1948
The questions on the appeal are (1) whether the evidence showed as a matter of law that defendant was guilty of contributory negligence; and (2) whether the damages awarded were excessive and appear to have been granted under the influence of passion and prejudice.
The collision occurred at about seven o'clock in the evening of October 10, 1945, in a rural area on a strip of highway about 120 feet long extending east and west between two curves on a highway the general direction of which was north and south, and which, going north, curved to the east at the west end of the 120-foot strip and to the north at the east end of it. The surface of the road was dry. It was dusk. The weather was clear, and the drivers were able to see without the aid of headlights, but, notwithstanding that fact, both drivers had their headlights turned on.
Except as to the directions in which the cars were going, the evidence is in irreconcilable conflict. Defendant was going north, and plaintiff Hanson's car was going south. As defendant turned to the east onto the 120-foot strip, Hanson's car was coming down a hill approaching the curve at the east end thereof. Each car at that time was on its right side of the road. There were no other cars on the highway. Each driver had a clear view of the entire 120-foot strip. The right lane of each driver was open and unobstructed for travel. When the cars were about 120 feet apart, defendant pulled down his sun visor because the lights on the Hanson car blinded him. With the visor down, defendant could see only 10 or 12 feet ahead. He continued forward, keeping on his right side close to the shoulder. According to the testimony on behalf of defendant, his speed was between 20 and 25 miles per hour and *506 that of the Hanson car was between 40 and 50 miles per hour. Almost instantly after defendant pulled down his sun visor, the Hanson car crossed over to defendant's side of the road, causing a head-on collision. According to plaintiffs' version, the Hanson car kept on its right side of the road; its speed was about 15 to 20 miles per hour and the speed of defendant's car about 40 to 45 miles per hour, and defendant's car crossed to its left or the wrong side of the road, thereby causing the collision. Plaintiffs contend that the evidence shows that if defendant had turned about two feet to his right the collision would have been avoided. Defendant contends that it shows that he could not have got any farther to his right without danger of going off the road into a lake.
1. Plaintiffs contend that under the rule of Orrvar v. Morgan,
We think that this case is distinguishable from the Orrvar case upon its facts and that it is governed by the rules applicable to drivers passing while traveling in opposite directions. The driver of an automobile meeting and about to pass an oncoming automobile has the right to assume, until the contrary appears, that the oncoming car will keep on its right side of the road. Kapla v. Lehti,
We have not attempted to apply the rules of cases like Twa v. Northland Greyhound Lines, Inc.
2. The verdict was for $2,500. At the time of the accident defendant was 68 years of age and apparently a strong and vigorous man for his age. He sustained severe chest, body, and wrist injuries from which he suffered excruciating pain and from which it was feared he might die. He was hospitalized for eight days and *508
was totally disabled for at least six or seven months afterward. Thereafter, he had partial disability and susceptibility to colds. While his loss of earnings was not shown, it does appear that he did fall plowing for others and that he lost the income therefrom for the 1945 season. Special damages amounted to $213. Plaintiffs contend that passion and prejudice may be inferred from the size of the verdict alone, but we think that such an inference is not permissible. A different result is not compelled by Christenson v. Village of Hibbing,
Affirmed.
MR. JUSTICE JULIUS J. OLSON took no part in the consideration or decision of this case.