Henry Bellon v. Arthur W. Heinzig

Appellant Bellon was injured in a collision between his farm truck and a tractor-trailer rig driven by appellee Heinzig. Bellon was attempting to make a left turn; Heinzig was attempting to pass Bellon. The district court, sitting without a jury, found both were negligent.

Heinzig was found to be negligent in “attempting to pass in a no-passing zone, clearly marked by a solid yellow line,” in violation of section 32-2157, Revised Codes of Montana, 1947. He has not appealed.

The findings as to Bellon’s negligence were as follows:

The relevant “conclusion of law” is a restatement of finding 15.

Bellon attacks the findings and conclusion on three grounds.

I

Section 32-2171, Revised Codes of Montana, 1947, provides that a driver intending to turn left shall yield the right of way to any vehicle approaching from the opposite direction. Section 32-2157 prohibits driving on the left side of the roadway within a no-passing zone. Bellon argues that since section 32-2171 required him to maintain a lookout to the front, and since he had the right to assume that Heinzig would abide by section 32-2157 and not attempt to pass in a no-passing zone, the court erred in holding that Bellon…