[DOWNLOAD] "Pelter v. Spring" by Supreme Court Of Iowa. # Book PDF Kindle ePub Free
eBook details
- Title: Pelter v. Spring
- Author : Supreme Court Of Iowa.
- Release Date : January 16, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Ivan Pelter's automobile collided with defendants' truck as the truck, traveling ahead of the car, made a left turn into a driveway. Pelter and his collision insurer, which paid all but $100 of the car repair bill, sued the truck owner for damages for personal injuries and damages to the car. The jury returned a verdict for defendants and plaintiffs appeal asserting the trial court erred in giving instruction No. 10. This instruction was the assured-clear-distance-ahead rule (section 321.285, Code, 1950) and it told the jury in effect that if they found Pelter violated the rule and the violation contributed to his injury then he would be guilty of contributory negligence which would bar his recovery. The exception to the instruction does not question sufficiency of the instruction but asserts ""the evidence in this case does not warrant an instruction of this nature * * *."" The accident occurred about 9 a.m. on December 20, 1947, on highway 34 about six miles east of Corning. It was a foggy morning and the pavement was somewhat slippery from frost. Plaintiff's version is that he was following the truck, traveling in an easterly direction, waiting for an opportunity to pass. When he noticed the truck slow down and pull off a little on the south shoulder he thought the truck was going to stop so he started to pass the truck and suddenly the truck made a left turn across the highway and into a farm driveway on the north side of the road. Plaintiff tried to get around the truck on the right side but his car collided with the rear end of the truck. Plaintiff said he sounded his horn as he started to pass and that he did not see any left-turn signal given by the truck driver.