Opinion

Rudin v. Moss

  • 349 S.W.2d 893
  • 1961 Mo. LEXIS 594
Court
Supreme Court of Missouri
Filed
Sep 11, 1961
Status
Published
On the bench
Bohling, Barrett, Stockard
Cited by
7 cases

The opinion

On Motion for Rehearing or to Transfer to Court en Banc

PER CURIAM.

Plaintiff has filed a motion for rehearing or to transfer to Banc in which she contends the opinion herein is based on plaintiff making an “instantaneous” stop and ignores the fact that it took plaintiff some time and space to come to a stop. The opinion may be subject to such interpretation. However, if the plaintiff “stopped all of a sudden” without any signal whatever of an intention to stop when defendant was 20 feet behind plaintiff and traveling 20 or 20 to 25 m.p.h., plaintiff’s stop was quick in time and short in distance. The two cars, at defendant’s greater speed after plaintiff started stopping, would be within much less than the 20 feet of each other in the three-quarters of a second required for defendant to take in the situation and react to plaintiff’s “sudden” stopping; and we may not say as a matter of law that a jury could not infer from the facts of record that defendant was unable to swerve in the remaining time and distance to avoid the collision. With this modification of the opinion, plaintiff’s motion is overruled.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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