28 N.W.2d 66 | Minn. | 1947
Defendant approached the intersection from the east. He was aware of the stop sign at the intersection, but admits that he did not stop, although he claims to have reduced speed and changed gears between the stop sign and the traveled part of the county road. At a point about 185 feet east of the intersection, he was traveling from 30 to 35 miles an hour, in the opinion of an eyewitness. The *218 dense grove at the northeast corner of the intersection obstructed the view of each driver toward the other. The collision occurred in the northwest quarter of the intersection, plaintiff's car striking defendant's at about the middle. Plaintiff's driver testified that immediately upon seeing defendant project his car into the road in front of him he applied his brakes and sought to avoid the collision. Defendant asserted that he did not see plaintiff's car until it was within ten feet of him. The only reasonable inference to be drawn from this statement is that defendant did not look for approaching cars which constituted an immediate hazard.
At the close of the trial the court directed a verdict for plaintiff upon the theory that as a matter of law defendant was guilty of negligence which was the proximate cause of plaintiff's injuries, and that there was no evidence sufficient to go to the jury that plaintiff's driver was negligent. Therefore, the only question submitted to the jury was the amount of damages which plaintiff should recover.
1. The evidence of defendant's negligence we regard as conclusive. He was aware of the stop sign and chose to ignore it. By doing so, he violated his duty to stop, look for, and yield the right of way to cars within the zone where they constituted an immediate hazard. M.S.A. §
" 'It was not enough to stop at the "Stop" sign. It was his duty to stop and to observe where stopping and observing would be efficient and meet the purpose of the "Stop" warning.'
"* * * it is the duty of one approaching an arterial highway to stop at a point * * * where one may efficiently observe traffic approaching on the arterial highway." Svenson v. Vondrak,
Under the circumstances disclosed in the record, defendant's failure to do so was unjustified and negligent and the proximate cause of the collision. There was nothing in the record which rebutted the prima facie case of negligence made out by his violation of the statute. Olson v. D. M. I. R. Ry. Co.
2. The remaining question for decision is, therefore, whether there was sufficient evidence of negligence on the part of the driver of plaintiff's car to require the submission of that issue to the jury. Milford was in his father's employ, and they were on a mission planned by plaintiff to assist another son. Hence, there was no bailment of the car to Milford, and plaintiff was not a guest passenger. The estimated speed of plaintiff's car along the county road was 35 miles an hour as it approached the intersection, although there was opinion testimony that some half mile back his car had been traveling at approximately 50 miles an hour. The prima facie speed limit was 60 miles per hour. M.S.A. §
Order affirmed. *220