This is a Message Board Post that is gatewayed to this mailing list. Author: farwellwalter Surnames: Cullison, Yates, Carter, Mitchell Classification: lookup Message Board URL: http://boards.rootsweb.com/localities.northam.usa.states.iowa.counties.fremont/7473/mb.ashx Message Board Post: FREMONT COUNTY HERALD. April 13, 1918. "Rulings Affects All Owners of All Autos. Driver Must Look to Safety and Make Effort to Avoid Collision, Says Judge Cullison".-- An important decision and one that affects every automobile owner in the State of Iowa, was handed down on Friday morning when District Judge Shelby Cullison instructed the jury in the ERNEST YATES - VS - WILLIAM CARTER law suit, wherein Yates was asking recovery of damages because of a wreck in which his car was badly demolished through crashing into a car driven by Carter, who was on the wrong side of the road. The accident happened east and south of Randolph about three miles some time early in March, 1917. Early during the trial the defendant's attorney, W. E. Mitchell, asked that the case be dismissed, claiming it was one wherein the doctrine of the last clear chance applied, alleging that the Yates car was damaged because of the contributory negligence of the plaintiff in not making the proper effort to avoid collision, regardless of the fact that the defendant was on the wrong side of the road. In letting the case go to the jury, Judge Cullison said where it was clearly shown the plaintiff made no effort to avoid a wreck, he could not instruct the jury to return a verdict permitting the plaintiff to recover, and when the testimony was taken evidence was developed showing the Carter car to be out of control, therefore the judge instructed the jury to return a verdict for the defendant. Under this ruling, therefore, the burden of responsibility rests with every automobilist to avoid accident, and when this is not done, then the responsibility rests with the negligent party and damages cannot be recovered. Important Note: The author of this message may not be subscribed to this list. If you would like to reply to them, please click on the Message Board URL link above and respond on the board.