(Download) "West v. Wilson" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: West v. Wilson
- Author : Supreme Court of Montana
- Release Date : January 29, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Personal Injuries ? Automobiles ? Complaint Narrowing Issue to Single Act of Negligence ? Proof ? Evidence ? Insufficiency ? Exhibits ? X-Ray Photographs ? When Only Admissible in Evidence. Personal Injuries ? Automobiles ? Complaint ? Effect of Plaintiff Narrowing Issues to Single Act of Negligence on Proof Admissible. 1. Where plaintiff in his complaint in a personal injury action (automobile accident) narrows the issues to a single act of negligence in charging that defendant negligently failed to keep a lookout for vehicles stopped on the highway, in this: "to-wit, that he failed and neglected to have the windshield of his automobile clear and clean of dust, dirt," by reason whereof his view was obscured, he is confined in his proof to such particularized act. Same ? Automobilist Permitting Windshield to Become Coated With Dirt Guilty of Negligence. 2. An automobilist who permits the windshield of his machine to become so covered with dust and dirt as to obscure his vision so that he cannot readily perceive the condition of the road and objects thereon, is negligent; the mere fact, however, that dust is observable on the windshield is not evidence of negligence on the part of the driver. Same ? Plaintiffs Evidence in Substantiation of Allegation of Negligence Held Insufficient. 3. Evidence of plaintiff in substantiation of his allegation that the injury complained of was due to defendants negligence in permitting the windshield of his automobile to get so dirty that it obscured his vision, held so unsubstantial as not to justify the verdict in his favor.
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