Citation Numbers: 184 Iowa 1283
Judges: Evans, Gaynor, Ladd, Preston, Salinger, Stevens, Takes, Weaver
Filed Date: 12/14/1918
Status: Precedential
Modified Date: 7/24/2022
“I was coining west about the center, of the street, — was driving about 10 or 12 miles an hour, — when I first saw the defendant, and was then about 20 or 25 feet from the intersection of Pierce Street and Glen Avenue. I first saw defendant on Glen Avenue, coming south toward the intersection. He was on the west side of Glen Avenue, coming up toward the south. He was about 20 or 25 feet from the intersection, and was going about 20 or 25 miles an 'hoin' He was then about 8 feet distant from the west curb of Glen Avenue. When I first saw him, he came right towards*1285 me; so I whipped over to the left, and gave him that corner of the street. He came within about a foot of the curb at that corner. I was coming up to Glen Avenue, and he came toward me with his car. I then whipped over to the left-hand side of the street, to give him room to get by. I went clear over against the curb on the other side. I saw he was going to run into me, and I whipped over, and he came right for me with his car. * * * Defendant ran right into me; the right side of the frame of his machine hit my-machine square on the hub. My car was right up against the curbing, and could not go any farther; when his car hit my car, mine was right up against the curbing. * * I was about 25 feet from the curb on Glen Avenue when T first saw defendant coming, and was right in the middle of the street. He was over on the west side of Glen Avenue. He came right toward me; I was in the center; he cut the comer, coming toward me; I was in the middle of the street; I didn’t turn to the right, because I would have had a head-on collision; he was cutting the corner on me, and I was 25 feet from the intersection, in the middle of the street, and he was coming right toward me; he wasn’t in the middle; I was in the middle; he was coming off the'west side of Glen Avenue, and right toward me. * * * He turned toward the east; he cut the cornerj I was over on the curb on the south side of the street, and farther east than the point from which he came. He turned his car on the west side of Glen Avenue. It was almost straight across Pierce Street when he hit; his hind wheel was about a foot from the northeast corner, over.by the Woodward Factory; his front wheel must have been 10 feet from that point when he stopped, after the collision. After he stopped after the collision, he backed up a little bit; the hind wheel was within a foot of the curb. When the automobiles came together, the hind wheel of Mr. Kimball’s’ machine was about a foot from the corner of the curb on the northeast*1286 corner, and the front wheel was about 11 feet from that, after he stopped and backed up a little. Yes, sir. I say he missed the comer about a foot; I mean he was a foot out from the corner when he made the turn — not when he struck the machine. When he'struck, there would be a distance of something like 20 feet from the rear of his machine to the south curb of Pierce Street; that would leave a distance of some 10 feet from the rear of his car over to the curb.”
Nelson, a witness for the plaintiff, testified as follows:
“When Kimball was coming across the corner, Giese turned his machine to the left, and went clear over to the comer on the left-hand side. Mr. Kimball then, instead of turning to the left, turned his machine to the right. Kim-ball was driving it himself; after he had turned it to the right, it was facing south; it was on Glen Avenue, about the middle of the street, about half way across Pierce Street. I think he had got across the line, a little east of the east line of Glen Avenue. Mr. Giese had turned his car as far to the east as he could, over next to the curb. Then Kim-ball hit him; Kimball’s machine hit Giese’s machine on the right front spring,- hit Giese’s machine on the right front spring,- — the spindle of the front wheel. * * At the time Kimball’s machine got to the middle of the street, headed southeast, Giese turned to the left, as far as he could go to the curb. There was all kinds of room for Kimball to pass on the left of Giese, but no room on the right. At the time Giese started to turn to the left, Kimball’s machine was not in the middle of Pierce Street; it was going to the southeast, and a little to the left. Kimball was about the middle of Pierce Street, going southeast, when Giese commenced to turn. There was plenty of room on the left-hand side to pass. The machines met at the corner of the curb at Glen and Pierce.”
Manifestly, the plaintiff’s explanation of his position