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eBook details

• Title: Snowden v. Matthews
• Author : Tenth Circuit Circuit Court of Appeals
• Release Date : January 10, 1947
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

James S. Matthews died from injuries resulting from a collision between his automobile and a Chevrolet pickup truck driven by Snowden. Maudie May Matthews, surviving widow, and Gerald K. and Norma J. Matthews, surviving minor children of Matthews, brought this action against Snowden and Luten to recover damages for the wrongful death of Matthews. Trial by jury was waived and the trial court awarded a judgment for $15,000, from which Snowden and Luten have appealed. The collision occurred on September 12, 1945, at approximately 7:30 a.m., at the intersection of two country roads, about four miles north of Indianapolis, Oklahoma. Matthews was traveling westerly in his automobile on one of such roads, and Snowden was traveling northerly in the truck on the other of such roads. The front end of the truck struck Matthews car near the left rear wheel. At the point of the collision, the truck was approximately two feet west of the center of the intersection. The evidence indicated that the truck was traveling at the greater rate of speed and, therefore, must have entered the intersection after the Matthews car entered the intersection. The view of the intersection was unobstructed from the south for 250 yards. Snowden and Coburn, a passenger in the truck, testified that they did not see the Matthews car until they were a few feet distant from it, and that Snowden then applied his brakes but was unable to stop in time to avoid the collision. They further testified that Matthews gave no indication that he had observed the approaching truck.

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