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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Citation
Mattfeld v. Nester, 32 N.W.2d 291 (1948)
Parent Document
Mattfeld v. Nester, 32 N.W.2d 291 (1948)
Jurisdiction
Minnesota (state)
Effective Date
1948-04-16

Other Sections in This Document (117)

Full Text

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6, 270 N. W. 673, 675. It must be clear that by the time William could get back into his car and get it started after such reconnoitering he might be confronted by the very danger he encountered here. The only other alternative that suggests itself would have been for him to turn right at the intersection, proceed to the top of the knoll to ascertain whether cars were approaching from behind it, then negotiate a U turn in the north-south road, proceed back to the east-west road, and turn right on it. It is hardly necessary to say that to require such caution is absurd. In the final analysis, William was required to exercise ordinary care for his own safety, and under the circumstances here it was a question of fact whether he did. As said in the Pokora case (292 U. S. 106, 54 S. Ct. 583, 78 L. ed. 1155, 91 A. L. R. 1049) : “* * * what is suitable for the traveler caught in a mesh where the ordinary safeguards fail him is for the judgment of a jury.”