The Washington times., 1917-06-16
AUTO LITIGATION
In NEWS OF DAY
Rulings Of the Courts Of In
teresttO Every MOtOrist.
A RECORD OF WEEKS CASES
Why's and When of Both Criminal
and Civil Suits.

and civil Suits.
One passing in front Of a standing
street car had q right to assume that
no automobile would come from the
rear Of the car on the lefthand side
OF it, in violation Of ordnance
Harris VS.. johnson, 161 P. (CaL) lI55.
m an action for injuries resulting
from an automobile collision, testi-
nony OF experts, who examined the
breakage and marks on defendants
car, as to the manner OF collision. is
admissible.-YounE VS.. Dunlap, 100 S.
w. MOI 1O41.
Driving along the lefthand side Of
q street is not, of itself, negligence;
but becomes so, II at all. only because
OF the surrounding circumstances. or
nance.-Harris VS.. johnson, 161 P.
(caL) 1l56.
Driving on the Iefthand side Of the
street, in violation OF ordinance, is
presumptive evidence of negligence,
which, II not excused by the circum
stances shown, is sufficient proof TO
ENRROAN ANNONtEg ug one llJAENu
Ii55.
The fact that q motorcyclist had no
license for his machine does not
prejudice recovery OF damages for In
3uries TO himself and his machine
through collision with defendants
automobile; the illegal act having no
causal relation to the injury.-Mar-
4
Where plaintiff had left an auto
body in defendants warehouse OF
brick and iron construction, stating
he wanted II left there, he was en-
titled to recover for its loss by IRE II
thereafter IT was removed TO another |
warehouse, unless be waived his
right-Mandl VS.. McKegney, 1872 n. Y.
s. 600.
A chattel mortgage, describing |
property a. "a Regal underslunE |
model M roadster automobile, now in |
possession Of mortgagor and usually |
kept at his place of business" where |
property was not In his possession
and not so kept, did not identify the |
property so as TO impute notice TO q
third party not having actual notice.
Commercial Savings Bank va
Brooklyn Lumber and Grain Com
pany, $50 S. W. uowa) ST..
Within an ordinance which, after
providing that vehicles shall, on all
occasions, travel on the right-hend
side Of q street, provides that one in
overtalxing and passing another We
hicls shall pass to the left Of such
vehicle, and the person in charge OF
the vehicle overtaken shall give way
TO the right, q street car is not We
hicIe, as az cannot give way 10 the
side.-Harris V. Johnson 161 P. (caL)
1855.
An ordinance providing that auto
mobiles shouIu no. Je driven on the
city streets at a rate which is not
careful and prudent, and providing
that certain rates in different places
should be presumed not careful, is a
proper exercise of the city's police
power to regulate the speed Of We
hicles on its streets, and lie not in
valid a. an attempt to prescribe what
shall be presumptive evidence in the
courts.-Young V. Dunlap, 100 S. w.
(Mo.) 1o41.
In an ordinance declaring that au- !
tomobiles should not be driven on the I
city streets al a rate which IL not {
careful and prudent and prescribing
that certain rates at different places {
shall be presumed not CAREFUL, with q 1
proviso that in passing street in
tersection the rate Of speed shall not 4
exceed ten miles per hour when any I
person or other vehicle is in danger,
the proviso must be connected with }
the rest Of the section, and does not '
make an excess over ten miles per 9
hour absolute negligence, but only J
presumptive evidence Of negligence. )
Young V. Dunlap, 30 S. ". (Mo.) T
1o41.
P. s. 5e7o. penalizing breach Of the
peace by "tUmultuous and offensive }
carriage" covers the case Of one run Z
ming an automobile recklessly and
riotously and running into persons
on q highway and injUring them.
these words being used with refer
ence to the tranquility, sense Of Sc
curity, and freedom from bodily harm
" hich the state guarantees to its citI- Z
zenE, and heir scope is not limited
by the words following them in the
statute by threatening, quarreling, I
challenging, assaulting, beating or (
striking another person." which ordi-
narily apply 10 direct personal vio-
lence: the rule OF ejuSdem generis