(Download) "James P. Whitt v. Dale Jarnagin and Craig" by Supreme Court of Idaho No. 9774 " eBook PDF Kindle ePub Free
eBook details
- Title: James P. Whitt v. Dale Jarnagin and Craig
- Author : Supreme Court of Idaho No. 9774
- Release Date : January 29, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This is a tort action whereby appellant seeks damages on account of his personal injuries and damages to his automobile, sustained as the result of a collision with a cow on U.S. Highway 95. Appellant, in his complaint, alleges respondents' concurrent and consecutive acts of negligence as causative of the collision, injuries and damage, and asserts joint and several liability of respondents. On December 8, 1962, about 10:30 o'clock p. m., appellant was driving his automobile at a speed of 50 to 55 miles per hour in a northwesterly direction on U.S. Highway 95 approximately 1 and 1/2 miles from Winchester, Idaho. As he rounded a curve he observed a car parked atop a rise on the opposite side of the highway; the car had its lights on and was facing him. He slowed down to a speed of 10 to 15 miles per hour. A man (later identified as Cecil Uhling) was standing between the car and the road. Observing no sign of trouble and not wanting to stop because of three teen age boys in his charge, appellant began to pick up speed. About 150 to 200 feet past the parked vehicle appellant sighted some black Angus cows -- four being on the left side of the road, one in appellant's lane of traffic and one at the right side of the road. Appellant immediately applied the brakes of his automobile, but was unable to stop the car before striking one of the cows, which thereby brought the vehicle to an abrupt halt. Appellant left the car with the parking lights on and walked down the highway in the direction he had been traveling in an attempt to stop an oncoming automobile and to obtain assistance. His three companions walked in the opposite direction to seek assistance; they talked with the man, Mr. Uhling, who had been standing by the parked car. Uhling told them that he had waved a flashlight to warn them of the impending danger ahead; that he, too, had hit a cow. A passing car stopped and then went for assistance.