Knox v. Pryor

California Court of Appeal Nov 7, 1935 No. Civ. 5374Published

Before: Deirup

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Holding. Driving an automobile at a speed exceeding the statutory limit is not negligence as a matter of law, as such speed is merely prima facie evidence that must be weighed by a jury against all surrounding circumstances.

Issues

Whether driving in excess of a statutory speed limit constitutes negligence as a matter of law.
Whether the jury's determination that the defendant was not negligent is supported by the evidence.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Inasmuch as the act of the defendant in traversing the grade at a speed in excess of the legal limit was not in itself unlawful, negligence as a matter of law cannot be predicated upon it.”

“It was for the jury to determine from all the facts in the case, whether the defendant was guilty of negligence.”

DEIRUP, J.,

pro tem.

This action was brought to recover damages for injuries sustained by plaintiff: in an automobile accident in South Dakota. Plaintiff has appealed from a judgment entered in favor of defendant upon a verdict of a jury.

Plaintiff, defendant and two others were spending their vacation touring in the United States and Canada. Defendant furnished the automobile and the other three took care of expenses for gasoline, oil and tires. At the time of the accident they were on their way from Pierre, South Dakota, to the Black Hills. The road was macadamized and straight for a long distance, going over small knolls or hills from the tops of which it could be seen for miles ahead. Approaching the top of one of the hills defendant reduced the speed of her car from 30 or 35 miles an hour to about 26, but suddenly came upon a sharp curve to the right with the road banked to the left. She put on her brakes slightly and succeeded in negotiating the curve, but encountered loose gravel. There was testimony to the effect that the speed of the car was then eight miles per hour. The car swerved and turned over, falling on its side in a ditch about five feet deep, injuring plaintiff seriously.

The statute of South Dakota, regulating the speed of automobiles, in force at the time of the accident, was similar to that of California. It required that vehicles be driven “ at a careful and prudent speed not greater than is reasonable

[78]

and proper, having due regard to the traffic, surface and width of the highway and of any other conditions then existing”, and made it

“prima facie

lawful” to drive at speeds not exceeding those specified, and

“prima facie

unlawful” to exceed “any of the speed limitations”. One of the limitations was 15 miles an hour “in traversing a grade upon a highway when the driver’s view is obstructed within a distance of 100 feet”.

It is a proven fact in this case that the defendant traversed the grade at a speed in excess of the limit. Plaintiff contends that defendant thereby committed an act which was

Knox v. Pryor

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DEIRUP, J.,

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