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eBook details

• Title: Standard Oil Co. v. Idaho Community Oil Co.
• Author : Supreme Court of Montana
• Release Date : January 25, 1933
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

AUTOMOBILES, Right of Minor to Drivers License — MOTOR VEHICLES, Stopping on Highway at Night to Make Repairs and Without Lights — NEGLIGENCE, Proximate Cause, Contributory Negligence, Violation of Law of the Road, Negligence Per Se, Questions for Jury, Negligence of Minor Child Imputed to Parent — PARENT AND CHILD, Liability of Parent for Childs Misconduct after Obtaining License to Operate Motor Vehicle, Proof of Financial Responsibility — LICENSES, Right of 17-year old Boy to Operators License — DAMAGES, Liability of Parent for Damages — TRIAL, Instructions Re Liability of Parent for Damages Occasioned by his Minor Childs Negligence, Re "Reasonable Care". 1. Automobiles — Prima facie case of negligence sufficient for jury. In action for injuries to plaintiff who was struck at night by automobile owned by one defendant and driven by second defendant at time when plaintiff was attempting to attach trouble light to battery under hood of unlighted automobile stalled partially on main traveled portion of highway, wherein there was testimony that defendant driver had observed plaintiff and the stalled automobile when 50 feet distant, and that he had not sounded his horn or slackened his speed, evidence was sufficient to make out prima facie case of negligence sufficient to carry case to jury. 2. Automobiles — "Sufficient care" is fact for jury. Whether or not sufficient care has been exercised in passing a parked or stationary vehicle is ordinarily a question of fact for the jury. 3. Automobiles — Proximate cause. Whenever plaintiff violated the statute by parking on the highway, there was still a question for the jury to determine whether this negligence or that of the defendant was the proximate cause of the injuries. 4. Automobiles — Right to stop for repairs. The operator of a motor vehicle has the right to stop it on the highway for the purpose of making repairs. 5. Negligence — Proximate cause question for jury. The question of proximate cause of an injury is ordinarily one of fact for the jury where there is room for difference of opinion among reasonable men. 6. Trial — Financial Responsibility statute. Where the automobile was driven by the minor and owned by his father who was also made defendant and there was no evidence indicating a showing of the financial responsibility required by Page 342 Section 31-131 (a-c) an instruction which permitted the jury to hold the father liable with his son for all damages occasioned by the latters negligence was proper. 7. Automobiles — Use of highway for repair proper. An instruction to the effect that one if he uses reasonable care, may use the highway for the purpose of inspection or repair in case his automobile is unable to proceed, was proper. 8. Automobiles — Instruction as to reasonable care. An instruction that "reasonable care" does not require persons having legitimate business on highway to anticipate that driver of an oncoming car will not see what is plainly before him or will drive his automobile so that he cannot stop when he sees an obstruction or person in line of his travel, when ordinarily he would have plenty of time and space within which to avoid injury, was proper.

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