Mattfeld v. Nester, 32 N.W.2d 291 (1948)

Citation: Mattfeld v. Nester, 32 N.W.2d 291 (1948) 1.
Parent Document: Mattfeld v. Nester, 32 N.W.2d 291 (1948)
Jurisdiction: Minnesota (state)
Effective Date: 1948-04-16
Original Source: https://www.courtlistener.com/opinion/3533510/mattfeld-v-nester/ ↗

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1. Under M. S. A. 169.20, the driver of an automobile approaching an intersection is required to yield the right of way to a vehicle that has entered the intersection from a different highway, and when two vehicles enter an intersection at approximately the same time- the driver approaching from the left is required to yield the right of way to the one approaching from the right. Automobiles enter an intersection at approximately the same time when they approach it under such circumstances that there would be imminent hazard of collision if both continued in their courses at the speeds at which they are traveling. Hence, an automobile approaching from the left is under the duty of yielding the right of way to one approaching from the right where they approach the intersection under such circumstances that if both continue at the speeds at which they are traveling a collision is likely to occur; and an automobile approaching from the right is required to yield the right of way to one approaching from the left which has reached the intersection an appreciable length of time ahead of it and is in actual possession of the intersection. Moore v. Kujath, 225 Minn. 107, 29 N. W. (2d) 883. The right-of-way rule is a relative one; whether it was violated depends on circumstances and usually is a fact question for the jury. Jeddeloh v. Hockenhull, 219 Minn. 541, 18 N. W. (2d) 582. We think that here the evidence presented a fact question as to whether William or defendant had the right of way, and whether, if William had it, he exercised it with due care. According to William’s testimony, he looked to his right when he was where he could see past the west end of the snow fence, which was about 35 to 45 feet east of the center of the intersection. From the point of observation, he could see whether traffic was approaching on the north-south road between the intersection and the top of the knoll, a distance of about 75 feet, but not beyond. He saw no automobile approaching. It then appeared safe for him to cross. Then he proceeded into the intersection at about 20 to 24 miles per hour, and after he had gone about 40 to 50 feet defend *119

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