Helen Potter and Neldon Potter v. Theodore

This personal injury and property damage action arose out of a daylight automobile collision on a through county highway near Idaho Falls, Idaho. Appellant Helen Potter testified to driving south on Jameston Road at 40-45 miles per hour, below the posted speed limit of 50 miles per hour. As she approached the Cotton Road intersection, on her left she saw respondent Mulberrys car (operated by Nora Ann Mulberry) stopped at a stop sign on the east side of Jameston Road. Mrs. Potter testified there was a car coming from the south and Mrs. Mulberry was looking in that direction as she drove into the intersection in front of the oncoming Potter car. Mrs. Potter slammed on her brakes, leaving 29 feet of skid marks, but was unable to avoid the collision. The point of impact was in Potters lane of travel which was the west lane of Jameston Road. Mrs. Mulberry was Mulberrys only witness as to how the collision happened. She testified that she waited until the northbound car mentioned by Mrs. Potter passed the intersection, and then, after looking both ways, proceeded into the intersection at a moderate rate of speed. Mrs. Mulberry testified that she did not see the Potter car while stopped at the stop sign, from where she traveled entirely across the east lane of Jameston Road still without seeing the Potter car. At the point where the accident occurred Jameston Road (traveled by Mrs. Potter) is a through road with stop signs on both sides of the intersection. The only obstructions which might be said to have blocked Mrs. Mulberrys view up and down Jameston Road before entering into the intersection were a stop sign and a telephone pole on the northeast corner. The evidence also showed the presence of a canal bank which might have served as an obstruction to Mrs. Mulberrys vision some distance back from the stop sign where she brought her car to a halt.