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| The Economic Revolution continued on page 58 |
You be the Judge By FLORENCE K. PALMER / Neibart
Cyclist Sam tried to pass Roscoe's car just as Roscoe started to turn off the highway. Motorcycle and car crashed, injuring Sam. He sued, charging negligence.
"Roscoe must have heard me coming behind him," Sam argued, "because my motorcycle has no muffler and makes more noise than a dozen horns. Hearing me, he should have let me pass before he turned."
"Sure, I heard that rumpus behind me," Roscoe replied, "but how was I to know he wanted to pass? The law says a driver must signal, and Sam didn't even beep his horn once."
If you were the judge, would you make Roscoe pay for Sam's hurts?
.. . . . . . . . . . . . . . . . . . . .
No. The court said that a noisy exhaust "certainly is not the equivalent of the statutory signal of an intention to pass and hence does not excuse (failure to give) such a signal."
In other words, Sam should have honked.
Based upon a 1959 State of Washington decision.
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