234 N.W. 18 | S.D. | 1930
This case is before us on rehearing. The original opinion is reported in 55 S. D. 497; 226 N. W. 731, where a more extended statement of facts may be found. It was appellant’s main contention on rehearing that under the undisputed testimony and admitted facts the plaintiff was guilty of negligence as a matter of law, and that this case is ruled by the decision of this court in Buboltz v. C., M. & St. P. Ry. Co., 47 S. D. 512, 199 N. W. 782-784. ETpon mature deliberation, we think appellant is right.
During the last 25 feet traveled by respondent before the accident occurred, there was nothing to obstruct his view of the track to the northwest for a distance of more than 300 feet beyond the west sidewalk, and he was driving 60 feet east of that walk. Had respondent looked up while driving" that distance, he could
We express no opinion upon the effect of city traffic, traffic rules, or city ordinances upon a case of this kind. No city ordinance or traffic rules were offered in evidence, and, so far as the record in this case shows, there was no other automobile on Reed street at the time of this accident and no watchman at the flag, station.
The motion of defendant for a directed verdict, made at the close of all the testimony, should have been granted. The judgment and order denying a new trial are reversed, and the case is remanded, with directions to enter judgment in accordance with this opinion.