Hodgson v. Gladem, 187 Neb. 736

Summary

The Supreme Court of Nebraska affirmed dismissal of the plaintiff's claims and the defendant's cross-claim arising from a motor-vehicle collision at a blind, uncontrolled rural intersection. The court held that both parties were negligent more than slightly as a matter of law, and that the plaintiff's directional right-of-way did not excuse approaching the obstructed intersection at a speed that left no opportunity to observe or react to approaching traffic.

Holdings

1. A driver approaching an unprotected intersection with a known obstructed view must travel at a speed that affords a reasonable opportunity to make effective observations of approaching vehicles and to react appropriately to what is observed or could be observed.
2. The plaintiff was contributorily negligent more than slightly as a matter of law because he approached a known blind intersection at a speed that gave him no opportunity to make effective observations or react appropriately.
3. The trial court correctly found both parties negligent more than slightly as a matter of law and correctly dismissed both the petition and cross-petition.

Questions Presented

1. Whether the plaintiff's directional right-of-way entitled him to proceed through a known blind intersection without reducing speed enough to make effective observations and react to approaching traffic.
2. Whether the undisputed evidence established the plaintiff's contributory negligence more than slight as a matter of law.
3. Whether the trial court properly dismissed both claims after finding both parties negligent more than slightly as a matter of law.

Disposition

affirmed