1. MOTOR VEHICLES -- CONTRIBUTORY NEGLIGENCE -- DIRECTED VERDICT.
Undisputed physical facts do not establish contributory negligence of plaintiff's decedent, a motorcyclist, where there is evidence that, while traveling 35 to 40 miles an hour, he gave audible warning of intention to pass defendant's automobile, traveling 30 to 35 miles an hour, when 50 to 75 feet back of automobile; had veered to left side of highway in attempting to pass; and, later, when vehicles were about 20 feet apart automobile was turned sharply to left to enter a driveway, brakes applied and rear light warning signal given, motorcyclist then attempted to pass to right of automobile but was unable to do so quickly enough to avoid collision with rear end thereof, and, therefore, defendant was not entitled to judgment as matter of law.
2. MOTER VEHICLES -- NEGLIGENCE -- WARNING SIGNALS.
A question of fact was presented as to negligence of defendant with respect to his compliance with 1 Comp. Laws 1929, § 4711, providing that a motor vehicle operator, before starting, stopping or turning from a direct line shall give an intelligible signal to another driver approaching from rear either by hand and arm or mechanical device, where testimony as to whether any signal by hand and arm was given at all and as to timeliness of giving rear light signal was in conflict.
The opinion of the court was delivered by: North
Appeal from Kalamazoo; Weimer (George V.), J. Submitted October 10, 1933. (Docket No. 48, Calendar No. 37,382.) Decided December 5, 1933.
Case by Edward Lauth, administrator of the estate of Nicholas Lauth, deceased, against Guy B. Woodruff for personal injuries resulting in death of plaintiff's decedent received in a motor vehicle accident alleged to be due to defendant's negligence. Verdict and judgment for plaintiff. Defendant appeals. Affirmed.
NORTH, J. The highway known as US-131 extends in a northerly direction from the city of Kalamazoo. Something less than half a mile north of the city limits the Brookside Inn is located on the westerly side of this highway. In that locality the concrete surface of the road is 20 feet in width. In the early evening of August 5, 1932, defendant and two companions were proceeding in his automobile in a northerly direction from Kalamazoo along this highway, going 30 to 35 miles per hour, their destination being the Brookside Inn. The three were occupying the front seat of defendant's Pierce Arrow automobile. Plaintiff's decedent (hereinafter called plaintiff) and a companion mounted on motorcycles were proceeding in the same direction some distance in the rear of defendant's automobile. There are two driveways from the highway into the Brookside Inn. Defendant slowed down as he approached one of these two driveways and turned his automobile to his left in the act of driving into the premises. Just at this instant the ...