[Download] "Dyess v. Clyde" by United States Court of Appeals for the Tenth Circuit ~ Book PDF Kindle ePub Free

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eBook details

• Title: Dyess v. Clyde
• Author : United States Court of Appeals for the Tenth Circuit
• Release Date : January 16, 1942
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

This was an action for damages. Appellant and his wife, their two children, and others, were traveling eastward in an automobile on a highway in Utah. A truck owned by appellee and operated by its employee was going westward on the same highway. As the two approached each other, the truck turned to the left, crossed the center of the highway, and entered the traffic lane in front of the automobile. Appellant turned the automobile to the right onto the shoulder of the highway, accelerated its speed, and narrowly missed the truck. The automobile continued along the shoulder in loose gravel, struck a drain ditch, veered to the left, crossed the highway, broke down some fence posts, turned over, and came to rest against the fence. Appellant and his wife and their daughter sustained injuries, and the daughter died within a short time. In response to special interrogatories, the jury found that the employee of appellee was negligent in the operation of the truck; that appellant was negligent in the operation of the automobile as it approached the truck; that he was also negligent at the time he accelerated the speed; that he was not negligent at any time after passing the truck; and that the negligence on his part was a proximate cause of the injuries. A general verdict was returned for appellee and judgment was entered accordingly.

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