(Download) "Spackman v. Carson" by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Spackman v. Carson
- Author : Supreme Court Of Utah
- Release Date : January 05, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
WOLFE, Justice. The respondent, plaintiff below, commenced this action to recover damages allegedly incurred when the motorcycle he was operating collided with a truck being driven by the appellant, defendant below. The defendant denied any negligence on his part and alleged that the proximate cause of the plaintiff's damages was the latter's own negligence in failing to keep a proper lookout. The sole assignment of error is that the court below erred in denying the defendant's motion for a directed verdict which was made on the ground that there was no evidence that the defendant was negligent and that the evidence showed without dispute that the plaintiff was negligent as a matter of law. The collision occurred on October 25, 1947, at about 3:45 p. m. on U. S. Highway 91, in front of the defendant's home which is about one and two-tenths miles south of Richmond, Cache County, Utah. The highway at that point is straight and level and runs in a general north and south direction. The concrete pavement is eighteen feet wide with a yellow center line, and there is a six foot dirt shoulder on each side of the pavement. The defendant's one and a half ton truck and his automobile were both parked facing north in front of the defendant's home and between four and nine feet east of the pavement on the shoulder of the highway. The truck was parked directly behind the automobile.