Smith v. Aspaas

This litigation arose out of a collision of motor vehicles at an intersection. Verdict and judgment were for defendant. The appeal is by plaintiff. The principal assignment deals with an alleged error in the court’s instructions.

The collision occurred at the intersection of Cliff Avenue and 4th Street in the City of Sioux Falls just before six o’clock p. m. on January 23, 1945. The plaintiff came from the north along Cliff Avenue in a 1939 Chrysler. The defendant came from the east along 4th Street in a Ford truck: Cliff Avenue is paved and thirty-two feet wide. There was enough ice on the…