McGinnis v. Phillips
Montana Supreme Court
Appeals from District Court, Fergus County; Jack Briscoe, Judge. Action by Elmer E. McGinnis against Samuel Phillips. Judgment for plaintiff, a new trial was denied, and from the judgment and -the order defendant appeals. It is not necessarily negligence per se to drive on the wrong side of the road. Whether an automobile is rightfully or wrongfully on either side of the road is a relative question to be decided with reference to the facts of the particular case.
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Appeals from District Court, Fergus County; Jack Briscoe, Judge. Action by Elmer E. McGinnis against Samuel Phillips. Judgment for plaintiff, a new trial was denied, and from the judgment and -the order defendant appeals. It is not necessarily negligence per se to drive on the wrong side of the road. Whether an automobile is rightfully or wrongfully on either side of the road is a relative question to be decided with reference to the facts of the particular case. (Hartley v. Lasater, 96 Wash. 407, 165 Pae. 106.) The defendant had a right to be on the left-hand side of the road until he knew…
1Opinion of the CourtJustice Reynolds
Plaintiff was injured in a collision between a motorcycle and an automobile upon the public highway, and brought this action to recover damages for his injuries. The ease was tried before a jury, which- rendered a verdict in favor of plaintiff for the sum of $5,075, and judgment followed. Motion for new trial was made and denied. Defendant has appealed from the judgment and the order.
The specifications of error raise questions as to the sufficiency of the complaint to state a cause of action, the sufficiency of the evidence to support the verdict, and the alleged excessiveness of the damages…
2Cases cited4 opinions
- Ball v. GussenhovenMontana Supreme Court · 1904
- Meehan v. Great Northern Railway Co.Montana Supreme Court · 1911
- Stewart v. Pittsburg & Montana Copper Co.Montana Supreme Court · 1910
- Vasby v. United States Gypsum Co.Montana Supreme Court · 1912
3Cited by6 opinions
- Craig v. SchellMontana Supreme Court · 1999
- Lyndes v. ScofieldMontana Supreme Court · 1979
- Cameron v. MercerMontana Supreme Court · 1998
- Cameron v. MercerMontana Supreme Court · 1998
- Craig v. SchellMontana Supreme Court · 1999
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