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Conner v. State

436 P.2d 917, 7 Ariz. App. 139, 1968 Ariz. App. LEXIS 340
Court of Appeals of Arizona·Decided February 7, 1968·No. No. 2 CA-CIV 346·Published·Cited by 2 cases

Opinion

KRUCKER, Judge.

Appeal from the superior court of Pima County from a judgment in favor of the appellee State of Arizona, defendant below.

Plaintiffs were involved in a motor vehicle head-on collision with a vehicle driven by Ernest Stone. The accident occurred near the junction of U. S. 80 (Inter-State 10) and State Route 83 on September 27, 1955. Both vehicles were traveling on U. S. 80, appellants traveling in a westerly direction and Stone in an easterly direction. Stone, apparently blinded to some extent by the brilliant Arizona sunshine, became confused and turned to the left from the existing route, driving his car to the left over the the solid white line into the line of oncoming traffic, causing the collision resulting in serious personal injuries.

Appellants contend that there were three alternative routes which an eastbound motorist could take at a single intersection. However, old U. S. 80 was somewhat beyond the intersection of State Route 83 as depicted in the following diagram:

[141] The motorist could curve right according to the posted sign on State Route 83 to Sonoita, or continue straight ahead on new U. S. 80 in accordance with the sign. Old U. S. 80 had been abandoned by the State approximately six months prior to the accident and the road markings were partially obliterated but were still partially visible although the old markings were faint and obscure. Old U. S. 80 was not barricaded or marked in any way and the pavement was still in existence so that a motorist could take old U. S. 80. There were no signs of any kind posted to indicate the intersection of new U. S. 80 with the old U. S. 80 branching to the left beyond the first “Y”. Two photographs in evidence assist in illustrating the situation.

[142]

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Conner v. State, 436 P.2d 917, 7 Ariz. App. 139, 1968 Ariz. App. LEXIS 340 (Ark. Ct. App. 1968).

436 P.2d 917 (Conner v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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