Legal Opinion · Dissent

Pluwak v. Lindberg

Supreme Court of Minnesota

Decided July 3, 1964No. 39206Published

1DissentThomas Gallagher, Justice

I am of the opinion that, as a matter of law, defendant’s negligence was a concurrent cause of the accident herein. Ordinarily, the driver of a veMcle following another has the duty of having it under such control as to be able to stop in time before coming in contact with a preceding veMcle called upon to slow down or stop because of traffic conditions. See, 8 Am. Jur. (2d) Automobiles and Highway Traffic, § 773; Minn. St. 169.18, subd. 8; Wilson v. Sorge, 256 Minn. 125, 97 N. W. (2d) 477; Retzlaff v. Soman Home Furnishings, 260 Wis. 615, 51 N. W. (2d) 514. The jury was instructed with…

2Cases cited5 opinions

  1. Wilson v. SorgeSupreme Court of Minnesota · 1959
  2. Haugen v. Dick Thayer Motor Co.Supreme Court of Minnesota · 1958
  3. Souden v. JohnsonSupreme Court of Minnesota · 1963
  4. Lee v. LeeSupreme Court of Minnesota · 1957
  5. Retzlaff v. Soman Home FurnishingsWisconsin Supreme Court · 1952

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