(Download) "Nissen v. Johnson" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Nissen v. Johnson
- Author : Supreme Court of Montana
- Release Date : January 04, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
AUTOMOBILES ? NEGLIGENCE ? TRIAL ? CONTRIBUTORY NEGLIGENCE. 1. Automobiles ? Miles per hour not determinative of negligence. Under statutes providing that no person shall drive a motor vehicle on a public highway at a speed greater or less than is reasonable and prudent to conditions then existing but that cities and towns may by ordinance regulate speed and traffic upon the city streets, actual miles per hour a person is driving is not determinative of whether motorist is negligent, but rather question is one of fact as to whether he was driving as a reasonable and prudent person would drive under conditions existing and with a due regard for life, limb, property and other rights of any person entitled to use of highway. 2. Automobiles ? Evidence sufficient for prima facie case. In action for injuries sustained by five-year-old child whom defendant motorist saw standing along highway across from playground and who was struck by defendants automobile when she ran across highway in front of automobile of defendant, who had a clear view, evidence was sufficient to make out a prima facie case on part of child on charge of negligence. 3. Automobiles ? Fact of striking did not of itself show negligence or contributory negligence. Fact that defendants automobile struck and injured a little girl as she was running across street did not of itself show negligence or contributory negligence. 4. Automobiles ? Duty of motorist to look. It is duty of a motorist to look not only straight ahead but laterally ahead and to keep a lookout and see that which is in plain sight. 5. Negligence. A person is presumed to see that which he could see by looking. 6. Trial ? When case should not be taken from jury. No case should be taken from a jury on a motion for non-suit where there is substantial evidence to support complaint. 7. Trial ? When case should be taken from jury. Only where from undisputed facts it appears as a matter of law that recovery cannot be had on any reasonable view of established facts should a case be taken from a jury on a motion for non-suit.
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