(DOWNLOAD) "Hoesel v. Cain Et Al Kahler v. Cain Et Al." by Supreme Court Of Indiana * Book PDF Kindle ePub Free
eBook details
- Title: Hoesel v. Cain Et Al Kahler v. Cain Et Al.
- Author : Supreme Court Of Indiana
- Release Date : January 29, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
RICHMAN, J. ON PETITION FOR REHEARING. In a petition for rehearing appellee questions only the validity of our holding that there was no evidence upon which instructions as to defective brakes might be based. The principal argument is that appellant Kahler testified that he was driving at the rate of 40 to 50 miles per hour and that he applied the brakes when distant 80 to 90 feet from the Hoesel car. Appellee then cites Paragraph 7 (b) of § 47-2228, Burns 1940 Replacement, which provides that a motor vehicle equipped with four-wheel brakes traveling at 20 miles per hour must be capable of being stopped within 30 feet, or, as appellee says, "at a distance of one and one-half times its speed." Erroneously appellee then reasons that "a car going 50 miles per hour should have been equipped with brakes capable of stopping it within 75 feet . . .," (less than the distance between the two cars) and concludes that the brakes were inadequate. This fallacious argument was evidently feared by appellant Kahler when he was objecting to appellees tendered instruction 10, which reads:
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