(DOWNLOAD) "Teddy B. Covington v. Mont C. Carpenter" by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Teddy B. Covington v. Mont C. Carpenter
- Author : Supreme Court Of Utah
- Release Date : January 08, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
LEWIS, District Judge. Appellant seeks to recover damages for personal injuries suffered as a result of a motorcycle-automobile
collision occurring in Salt Lake City. At the Conclusion of plaintiff's case the trial court, upon motion, directed a verdict
of no cause of action against appellant, holding appellant, as a matter of law, to be guilty of contributory negligence proximately
contributing to cause his injuries. From the judgment entered upon such ruling this appeal is taken. A review of the evidence most favorable to appellant 1 indicates that he was operating a motorcycle from east to west
on 9th South in Salt Lake City when a collision occurred with an automobile driven by respondent. The point of impact was
137 feet west of the west curb line (extended) of the intersection at 9th South and 3rd East Streets. Ninth South has two
10-foot lanes reserved for westbound traffic, and 8-foot curbside parking lane, and in the immediate area of the collision
a 19-foot additional cut-back parking area bordering the north side of the street proper. According to appellant's own testimony
he was operating his motorcycle in the inside lane at a speed of about 25 miles per hour when he first observed respondent
backing his vehicle into and upon the highway from the cut-back parking area. A distance of 130 feet separated the two vehicles
at that time and appellant described respondent's method of backing as being 'moderate.' There was no other traffic in front
or in the rear of appellant traveling either direction. The highway was dry and straight, and visibility was excellent. Appellant
summed up the factual situation and his reaction to it in the following testimony: