(Download) "Country Club Foods v. Gale v. Barney" by Supreme Court Of Utah * eBook PDF Kindle ePub Free
eBook details
- Title: Country Club Foods v. Gale v. Barney
- Author : Supreme Court Of Utah
- Release Date : January 03, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
CALLISTER, Justice. Defendant appeals from a judgment for plaintiff for damages resulting from a collision at the intersection of Sixth East and Third South Streets in Price, Utah. Plaintiff's agent, Lavoy B. Gale, driving a ton and a half truck, was proceeding south along Sixth East at approximately 20 to 25 miles per hour. Mr. Gale was about one-quarter block from the intersection when he noticed defendant's pickup truck one-half block away on Third South, approaching the intersection from the west. There is a flat, vacant field at the northwest corner of the intersection so that both drivers had an unobstructed view of the other's vehicle. Nevertheless, Gale was not able to estimate the speed of defendant's truck nor did he notice it again until a split second before the impact. At that point he accelerated his speed and swerved to the left in an attempt to avoid the accident. The front end of defendant's vehicle hit the right rear section of plaintiff's truck, which was south of the center line of the intersection when the accident occurred. Defendant estimated his speed at around 15 miles per hour. The trial Judge, sitting without a jury, determined that plaintiff's truck had the right of way by virtue of being the first vehicle to enter an open intersection, 1 and that defendant was negligent in failing to yield. He also found that although there might have been some negligence on the part of plaintiff's agent Gale, his negligence, if any, was not the proximate cause of the collision. Accordingly, defendant's counterclaim was disallowed and judgment was entered for the plaintiff.