Cupples Mercantile Co. v. Bow
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action for damages. Judgment for plaintiff. Appeal from order denying new trial. The authorities do not agree upon the question of whether or not turning a vehicle to the left in violation of the law of the road is negligence per se, but the weight of authority is to that effect under the facts in this case.
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APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action for damages. Judgment for plaintiff. Appeal from order denying new trial. The authorities do not agree upon the question of whether or not turning a vehicle to the left in violation of the law of the road is negligence per se, but the weight of authority is to that effect under the facts in this case. (Lloyd v. Calhoun, 82 Wash. 35, 143 Pac. 458.) The presumption is against the person on the wrong side of the road. (Huddy on Automobiles, sec. 77; Cooley on Torts, p. 666;…
1Dissent
BUDGE, J.,
Dissenting. — I am not in accord with the statement in the majority opinion “that as the cars approached each other respondent’s driver turned sharply to his left and caused the collision.” The jury found as a fact that the collision was caused by the appellants. The facts as testified to by respondent were that they were on the extreme right-hand side of the road, that the appellants were on their extreme left-hand side of the road coming directly towards respondent’s car, that there was a ditch upon the right-hand side of the road that made it extremely dangerous if not impossible…
2Cases cited39 opinions
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
- Harris v. JohnsonCalifornia Supreme Court · 1916
- Winckowski v. DodgeMichigan Supreme Court · 1914
- Broschart v. TuttleSupreme Court of Connecticut · 1890
- Coffin v. LaskauSupreme Court of Connecticut · 1915
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