Hawkins v. Allen

Utah Supreme Court

Hawkins v. Allen

400 P.2d 12, 16 Utah 2d 293, 1965 Utah LEXIS 540

CourtUtah Supreme Court

DecidedMarch 18, 1965

DocketNo. 10265

StatusPublished

This text of 400 P.2d 12 (Hawkins v. Allen) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hawkins v. Allen, 400 P.2d 12, 16 Utah 2d 293, 1965 Utah LEXIS 540 (Utah 1965).

Pincite

Opinion

HENRIOD, Chief Justice:

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 sig-nalled 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 non-negligent 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 re[294]*294quiring reversal on the ground that plaintiff negligently violated the statute with respect to yielding the right-of-way where there was an immediate hazard.¹

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

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HENRIOD, Chief Justice:

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 sig-nalled 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 non-negligent 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 re[294]*294quiring reversal on the ground that plaintiff negligently violated the statute with respect to yielding the right-of-way where there was an immediate hazard.¹

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

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Bluebook (online)

400 P.2d 12, 16 Utah 2d 293, 1965 Utah LEXIS 540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawkins-v-allen-utah-1965.