[DOWNLOAD] "Pratt v. Kistler" by Supreme Court of Montana * eBook PDF Kindle ePub Free
eBook details
- Title: Pratt v. Kistler
- Author : Supreme Court of Montana
- Release Date : January 13, 1925
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Personal Injuries ? Automobiles ? Duty of Drivers ? Directed Verdicts ? Proper Denial. Personal Injuries ? Automobile Accident ? Directed Verdict ? Proper Denial. 1. In an action by a bicyclist against the driver of an automobile for damages sustained in a collision at a street intersection in the night-time, in which the defense was contributory negligence, held that the court properly denied defendants motion for a directed verdict, the evidence upon the question of defendants negligence and plaintiffs contributory negligence being in sharp conflict, which presented a case for the jurys determination. - Page 357 Same ? Duty of Drivers of Automobiles and Bicyclists. 2. Automobiles and bicycles have equal rights in the use of streets, the driver of each owing a duty to the other to exercise reasonable care and keep a lookout in such an intelligent and careful manner as to enable him to see the things which a person in the exercise of ordinary care and caution for his own safety and the safety of others would have seen under like circumstances. Trial ? Directed Verdict ? Elements Entering into Consideration of Motion ? When Motion not to be Granted. 3. No case should ever be withdrawn from the jury when reasonable men might draw different conclusions from the evidence, and in considering a motion by defendant for a directed verdict the court may indulge every inference which may fairly be drawn from the testimony in favor of the plaintiff, and the latter is entitled to the benefit of any evidence given during the course of defendants case.