Johnson v. Moore

146 N.W.2d 599, 275 Minn. 292, 1966 Minn. LEXIS 759
CourtSupreme Court of Minnesota
DecidedNovember 18, 1966
Docket39995, 39996
StatusPublished
Cited by6 cases

This text of 146 N.W.2d 599 (Johnson v. Moore) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Moore, 146 N.W.2d 599, 275 Minn. 292, 1966 Minn. LEXIS 759 (Mich. 1966).

Opinions

Nelson, Justice.

Plaintiffs appeal from an order denying their motion for a new trial upon all issues and from the judgment entered pursuant to a directed [294]*294verdict in favor of defendant in this personal injury action. The directed verdict was based upon the trial court’s determination that defendant was not negligent and that plaintiff Louis Johnson (hereinafter referred to as plaintiff) was guilty of contributory negligence as a matter of law.

The essential facts are, for the most part, undisputed. The accident occurred on Court Street in Fergus Falls, Minnesota, between 4 and 4:30 p. m. on March 29, 1960. Court Street is a 2-lane, surfaced public street, about 50 feet wide, in the business district of Fergus Falls and runs in a north-south direction. The scene of the accident was at or near the south end of the bridge over which Court Street crosses the Otter Tail River. The bridge is located about midway between Court Street’s intersections with Washington Avenue on the south and Lincoln Avenue on the north.

On the east side of Court Street and just north of the bridge is located the Minnesota Motors building where plaintiff, then 71 years of age, was employed. At the south end of the bridge on the east side of Court Street is located a sign with an arrowhead pointing at the Chamber of Commerce office, which is on the west side of Court Street and immediately south of the bridge. Immediately south of that office is the Minnesota Motors used-car lot with a small office thereon, and immediately south of the used-car lot is a brick building which at the time of the accident contained a cafe. There was no marked crosswalk for pedestrians at or near the south end of the Court Street bridge at the time of the accident.1

The day had been gray and overcast. Rain had fallen off and on, but [295]*295it was not raining and there were no atmospheric conditions hampering visibility at the time of the accident. Headlights were not required.

Plaintiff left the Minnesota Motors budding and walked south on the sidewalk along the east side of Court Street and across the bridge to a point just north of the Chamber of Commerce sign on the east side of Court Street, from which point he started to cross the street diagonally southwesterly toward the cafe, where he intended to have a cup of coffee. He claims he was in the center of the street when defendant’s automobile struck him.

Defendant, an automobile salesman for Wormer Rambler of Fergus Falls, had been out in the Fergus Falls countryside since early morning trying to sell cars. Because of the intermittent rainfall during the day his car had become covered with a film of mud and dirt. The vehicle was a new 1960 Rambler station wagon in good mechanical condition and equipped with outside rearview mirrors mounted on the right and left front door posts. According to defendant’s testimony he returned to Fergus Falls about 4 p. m., stopped at his employer’s garage, and thereafter proceeded westerly on Washington Avenue to its intersection with Court Street. He stopped at the arterial stop sign at this intersection and then turned north on Court Street. After stopping he shifted gears while proceeding northerly, attaining a maximum speed of between 20 and 25 miles per hour. At a point 20 or 30 feet north of the Washington-Court intersection, he noticed a pedestrian walking south on the sidewalk on the east side of Court Street a little to the south of the Minnesota Motors building. He paid no more attention to the pedestrian since the latter was merely walking on the sidewalk. Defendant continued to proceed northerly, watching the street ahead of him. Nothing interfered with his vision, he was not distracted by anything, and at no time did he see a pedestrian in the street ahead of him within the range of his vision. The first he knew of any unusual occurrence was when he heard a “thump” on the right side of his automobile. He then applied his brakes and stopped. He at no time changed the direction of his automobile while proceeding ahead on his side of the street. He had no feeling of having run over anyone since he encountered no bump and the equilibrium of his car remained the same.

[296]*296At the time of the accident an independent witness, Stephen Winter, was standing in the Chamber of Commerce office, practically opposite the scene of the accident. Just before it occurred he was looking out the window, a large store-front window providing clear vision of Court Street, and observed the plaintiff directly across the street. Winter turned momentarily to speak to a secretary in the office, heard a thud, looked back, and immediately went to the scene of the accident. His impression was that the car had stopped suddenly. He said that the car was about half a car length ahead of plaintiff who was either kneeling or sitting in the street, facing west and closer to the curb from which he had stepped into the street than to its center. Winter noticed that plaintiff’s hands were covered with mud. Winter returned to the Chamber of Commerce office, but went back to the scene a short time later after the police arrived and before defendant’s car had been moved. He then observed on the right hand or passenger side of defendant’s automobile some marks which he described:

“Just like if your car was dirty, somebody took and pushed something along the side of it — like if you have any children, once in a while you see a hand go across like that.”

These marks, according to Winter, did not begin forward of the right front door post of defendant’s car, although he was not certain exactly where they were. There were no other marks, broken glass, dents, or scratches on the car.

The car was in the middle of the northbound lane of traffic, plaintiff being closer to the east curb of the street than the car was. According to the testimony of those present immediately following the accident, plaintiff’s apparent injuries were mostly to his face, and he was told not to wipe his face with his hands because his hands were muddy.

Other witnesses observed smudge marks on the right-hand side of defendant’s vehicle along the right front door, and one observed that the outside rearview mirror on the right front door post — projecting out on the side where plaintiff was found lying in the street — was tipped or tilted. Eleven feet of skid marks extended from the rear of defendant’s car.

Clem Kniss, working in the office of Minnesota Motors’ used-car lot, [297]*297looked up from a paper after the accident and observed plaintiff lying in the street, 3 or 4 feet from the east curb, “flat down,” with his head to the north and his broken glasses lying in the street. Kniss observed defendant’s car stopped not more than 5 or 6 feet north of where plaintiff was lying, possibly 5 or 6 feet west of the east curb. This witness went down to the street, helped plaintiff to his feet, and helped to escort him to the used-car lot’s office.

As plaintiff recollected the accident, before beginning to cross the street he looked to his left and saw an automobile on Washington Avenue just about at the intersection of Court Street, a distance of 202 feet south from where the plaintiff was standing, and also saw 3 cars in the southbound lane. He stepped into the street, planning to stop in its center, and proceeded to a point “just short” of the center of Court Street when he was “struck down.”

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Johnson v. Moore
146 N.W.2d 599 (Supreme Court of Minnesota, 1966)

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Bluebook (online)
146 N.W.2d 599, 275 Minn. 292, 1966 Minn. LEXIS 759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-moore-minn-1966.