(Download) "Blinn v. Hatton" by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Blinn v. Hatton
- Author : Supreme Court of Montana
- Release Date : January 17, 1941
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Submitted May 27, 1941. Personal Injuries — Automobiles — Automobile Guest Law — What Constitutes Gross Negligence on Part of Driver — Jury Question — Evidence — Granting of Motion for Non-suit Held Error. Personal Injuries — Automobile Guest Law — Injured Guest must Show That Accident Occurred Through Grossly Negligent and Reckless Operation of Car by Defendant. 1. In an action for personal injuries sustained by one riding in an automobile as the guest of the motorist, plaintiff must, under sections 1748.1 to 1748.3, Revised Codes — the automobile guest statute — show that the injuries were caused by the grossly negligent and reckless operation of the car by the defendant, else he cannot recover. Same — Sustaining Motion for Non-suit — Appeal — How Supreme Court must View Evidence. 2. In considering the action of the district court in sustaining defendant's motion for non-suit (in a personal injury action brought under the automobile guest statute) made by defendant at the close of plaintiff's case in chief, the supreme court must deem every fact proved which the evidence tends to prove, and interpret the evidence in the light most favorable to plaintiff. Same — When Matter of Gross Negligence Question for Jury, When not. 3. The question whether the driver of an automobile sought to be held liable under the automobile guest statute was guilty of grossly negligent and reckless operation of his car is one for the jury's determination, unless reasonable men can come to only one conclusion on the evidence, in which event it becomes a question of law for the court. Same — Non-suit — Review of Evidence Held to Show That Trial Court in Error in Granting Motion for Non-suit. 4. Where the evidence of plaintiff in an action for injuries received while riding in defendant's automobile as the latter's guest, which collided with a truck traveling in the same direction, in substance showed that the truck was being driven in a weaving fashion near the center line of the road; that his host had attempted to pass it once but had to retire; that in attempting to pass a second time at a speed of sixty miles per hour on a down-hill run the driver of the truck again failed to give defendant the right of way but continued to swerve back and forth, whereupon defendant drove his car on the soft shoulder of the road and overturned, the showing held sufficient to make the question of defendant's negligence one for the jury's consideration, and that, therefore, the trial court erred in granting his motion for non-suit. Automobiles — What Constitutes Negligence of Driver. 5. It is negligence for the driver of an automobile to pass another going in the same direction under conditions which are not reasonably safe.
 "Blinn v. Hatton" by Supreme Court of Montana ~ eBook PDF Kindle ePub Free){kind=link}