(DOWNLOAD) "Raymond Hirschbach v. Dubuque Packing Co." by Supreme Court Of Utah ~ Book PDF Kindle ePub Free
eBook details
- Title: Raymond Hirschbach v. Dubuque Packing Co.
- Author : Supreme Court Of Utah
- Release Date : January 11, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
WADE, Justice. Raymond Hirschbach, appellant herein, brought this suit to recover damages to a vehicle and cargo caused by
a collision between that vehicle and a parked motor vehicle belonging to respondents. This appeal is from a summary judgment
based on the pleadings, answer to interrogatories and an affidavit supplied by appellant. The collision occurred in the nighttime, about September 5, 1955, on U. S. Highway 40-50, about four miles west of Knolls,
Utah. It is a two-laned highway separated by a painted line. It is straight and level and in good condition. Just prior to
the collision the driver of appellant's vehicle was traveling west at about 40 miles per hour. The visibility was good and
the driving lights on his vehicle were sufficient to disclose vehicles at a distance of at least 350 feet and the lights as
well as the brakes were functioning properly. Appellant's driver observed the tail lights on respondents' truck and trailer
in sufficient time to have stopped and avoided a collision but he did not do so because he was under the mistaken impression
that respondent's vehicle was moving in the same direction that he was, and by the time he discovered it was parked he could
not avoid the collision.