Cited by

Plaintiff cites as controlling with respect to defendant’s negli *514 gence Orrvar v. Morgan, 189 Minn. 306 , ; Olson v. Hector Const. Co. Inc. 216 Minn. 432 , 13 N. W. (2d) 35 ; and Wilson v. Sorge, 256 Minn. 125 , 97 N. W. (2d) 477 ; The Wilson case is readily distinguishable in that the evidence there compelled a finding that the lead vehicle had signaled for a left turn for a distance of 150 feet before ent

The defendant asserts that plaintiff was overdriving his headlights and was therefore contributorily negligent as a matter of law, citing Orrvar v. Morgan, 189 Minn. 306 , .

Plaintiff testified that when he saw defendant immediately after the accident he asked him what he had been doing at the side of the road and defendant replied that he was “trying to fix my lights.” To support the contention that plaintiff was guilty of contributory negligence as a matter of law, defendant relies upon Orrvar v. Morgan, 189 Minn. 306 , , where an automobile driver was so held because of his failure to stop in sufficient time to avoid striking a truck stalled upon the highway with

Moreover, we have tried to make it clear that Orrvar v. Morgan, 189 Minn. 306 , , is no longer to be considered as an authority except in the limited field covered by the facts of that case.

The case of Orrvar v. Morgan, 189 Minn. 306 , , relied upon by defendants, appears distinguishable under the facts here present.

5 In considering this question in Orrvar v. Morgan, 189 Minn. 306, 309 , , we held that, taking into account all the circumstances of the case such as the nature of the accident, weather conditions, and condition of the highway, all reasonable minds functioning judicially would conclude *160 that the driver was contributorily negligent if he was “traveling at a rate

Plaintiffs cite as controlling Orrvar v. Morgan, 189 Minn. 306 , , in which plaintiffs’ son, while driving their car, was held guilty of contributory negligence as a matter of law for colliding with the rear of an unlighted truck which defendant was endeavoring to push off the highway after it had stalled on a clear summer night.

This case is clearly distinguishable from Orrvar v. Morgan, 189 Minn. 306 , , wherein plaintiff, who had collided at night with a stalled truck, was held to be contributorily negligent as a matter of law for failure to see the truck when there were no existing conditions or surrounding circumstances which prevented plaintiff from seeing the truck and from avoiding the collision

In the case of Orrvar v. Morgan, 189 Minn. 306 , , after a full consideration of our cases on the subject, we held under *99 similar, but less conclusive, circumstances that, where the driver of a car collided with a parked truck, the driver was guilty of contributory negligence as a matter of law.

These facts place this case squarely within the rule of Orrvar v. Morgan, 189 Minn. 306 , .

Plaintiffs contend that under the rule of Orrvar v. Morgan, 189 Minn. 306 , , defendant was guilty of contributory negligence as a matter of law.

Co. 154 Minn. 102 , ; Wicker v. North States Const. Co. Inc. 183 Minn. 79 , ; Orrvar v. Morgan, 189 Minn. 306 , ; Tully v. Flour City C. & O. Co. 191 Minn. 84 , ; and Twa v. Northland Greyhound Lines, Inc. 201 Minn. 234 , , it was his conclusion that in view of the heavy fog and the lack of a reflector sign near the railroad track the situation was such that plaintiff’s contributory

Of these the only one wherein the record presents a situation at all comparable to that of the instant case is Orrvar v. Morgan, 189 Minn. 306 , .

*558 Orrvar v. Morgan, 189 Minn. 306 , , is distinguishable on the facts.

Orrvar v. Morgan, 189 Minn. 306 , ; Hartwell v. Progressive Transportation Co. Inc. 198 Minn. 488 , ; Forster v. Consumers W. S. Co. 174 Minn. 105 , .

This case does not come within the rule laid down in Orrvar v. Morgan, 189 Minn. 306 , 249 N.W.

What was said in Orrvar v. Morgan, 189 Minn. 306, 309 , , seems quite appropriate here: “If his testimony is true, then he was traveling at a rate of speed that would make it impossible to stop or turn his car within the space illuminated by his headlights.” The cases are there adequately discussed, and no attempt to discuss them will be made here.

It is insisted that this case is ruled by Orrvar v. Morgan, 189 Minn. 306 , 249 N.W.

Defendant relies largely on the ease of Orrvar v. Morgan, 189 Minn. 306 , .