[DOWNLOAD] "David Vincen and Pamela Vincen v. Michael" by Supreme Court of Idaho No. 10277 * eBook PDF Kindle ePub Free
eBook details
- Title: David Vincen and Pamela Vincen v. Michael
- Author : Supreme Court of Idaho No. 10277
- Release Date : January 03, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
This opinion treats together two actions which were consolidated for Disposition, since they both arose out of the same accident.
During the late afternoon of July 23, 1965, plaintiff-respondent David Vincen (Vincen) accompanied by his wife, was driving
his employer's 1955 GMC truck northerly on Highway 28, a two-lane highway, in Lemhi County, Idaho, and near the old mining
town of Gilmore. The truck was a flatbed and was loaded with an Ingersoll-Rand rock drill weighing 5,000 to 6,000 lbs. It
was daylight, the weather was clear, the highway was dry, level and straight for several miles in each direction and there
were no sight obstructions. Both Mr. and Mrs. Vincen testified that the speed of the truck was 50 to 55 miles per hour. At the same time and place defendant-appellant Lazarus was driving his Jeep station wagon in a northerly direction on Highway
28 and was ahead of plaintiffs' truck. He was pulling a small teardrop trailer which was equipped with red brake and left-right
turn signals all of which were electrical and were in good operating condition. Lazarus had missed a turn off of Highway 28
and had slowed down for several miles to a speed 15 to 20 miles per hour and was looking for a place on either side of the
highway to turn around and reverse his direction. As Lazarus approached the place where the accident occurred, but before
he actually saw the intersecting road, he observed plaintiffs' truck some distance behind him in the right hand or northbound
lane of travel. Because of the trailer, defendant was able to utilize only the side rear view mirror and not the inside rear
view mirror. About ten seconds later, according to Lazarus' testimony, Lazarus put on his left turn signal and after an additional
three to five seconds began his left turn into the two-rut Hilltop Mine Road.