(DOWNLOAD) "Marvin A. Werth v. John Tromberg" by Supreme Court of Idaho No. 9471 " Book PDF Kindle ePub Free
eBook details
- Title: Marvin A. Werth v. John Tromberg
- Author : Supreme Court of Idaho No. 9471
- Release Date : January 28, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
On June 18, 1963, Marvin A. Werth, plaintiff-appellant herein, was driving his tractor-type truck west on Amity Road, a highway near Meridian. Although designed to pull a trailer, Werth's 7 1/2-ton, 26-foot vehicle was not pulling a trailer at that time. While Werth was driving (about 45 miles per hour, he testified), he noticed 1800 feet and off the right side of the highway a yellow truck standing in a private driveway. The yellow truck, which was occupied by John Tromberg, defendant-respondent herein, was hidden almost completely by a row of trees which lined the east side of the driveway and which extended to near the edge of the road. Werth testified that as he approached the driveway, the truck was driven out onto the roadway, blocking his westerly lane of traffic and causing him to apply his brakes to avoid a collision. Heavy application of the brakes caused the back wheels to bounce on the roadway, causing the truck to skid sideways on the highway and through a fence on the side of the road. It came to rest on a front lawn near a house across the street from the driveway where Tromberg's truck was located. A friend of Werth's, who had been following in a car about 3 1/2 to 5 blocks behind, testified that upon arriving at the scene, he saw Tromberg's truck backing into the driveway from the roadway. Four other witnesses, however, testified that Tromberg's truck never entered the highway from the driveway. Werth commenced this action against Tromberg to recover damages for personal injuries and property damage. After a jury trial, a verdict was returned against Werth and in favor of Tromberg and a judgment was entered thereon. From that judgment Werth appeals.