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Hawkins v. Allen

Supreme Court of Utah
Mar 18, 1965
400 P.2d 12 (Utah 1965)

Opinion

No. 10265.

March 18, 1965.

Appeal from the First District Court, Box Elder County, VeNoy Christofferson, J.

Raymond M. Berry, Salt Lake City, for appellant.

Joel M. Allred, Salt Lake City, for respondent.


Appeal from a judgment in a case tried to the court, in favor of plaintiff for about $180, arising out of an auto collision. Affirmed, with costs to plaintiff.

This cause has to do with a left-hand turn by plaintiff at an intersection. The believable evidence indicates that plaintiff signalled for a left turn and had almost completed it when defendant, who immediately prior thereto, started from a parked position, collided with the rear end of plaintiff's car while trying to go through the intersection. The trial court concluded that defendant was negligent and plaintiff nonnegligent on evidence that at best was controversial and somewhat based on estimates as to split-second circumstances with respect to time, distance and judgment. We cannot say that the trial court's conclusion was such as constituted prejudicial error requiring reversal on the ground that plaintiff negligently violated the statute with respect to yielding the right-of-way where there was an immediate hazard.

Title 41-6 et seq., Utah Code Annotated 1953.

McDONOUGH, CROCKETT, WADE and CALLISTER, JJ., concur.


Summaries of

Hawkins v. Allen

Supreme Court of Utah
Mar 18, 1965
400 P.2d 12 (Utah 1965)
Case details for

Hawkins v. Allen

Case Details

Full title:JOHN F. HAWKINS, PLAINTIFF AND RESPONDENT, v. HELEN H. ALLEN, DEFENDANT…

Court:Supreme Court of Utah

Date published: Mar 18, 1965

Citations

400 P.2d 12 (Utah 1965)
16 Utah 2