Ethel Jimison and Ray Jimison, Plaintiffs-Apellants v. United States

In July 1963, in Montana, a government employee placed an obstruction in one lane of a two-lane bridge, without complying with Montana’s applicable laws on warning signs. About midday, with weather clear and dry, with visibility good and unobstructed for a distance of about one-half mile along a straight road to the bridge, the driver of the car in which plaintiffs were riding had no problem in seeing the obstruction ahead, and gradually bringing his car to a halt. After from 4 to 10 seconds had then passed, a second car coming along that same straight road rear-ended the first car, injuring plaintiffs.

This second driver testified that he never at any time saw the obstruction or the first car until, while traveling 55-60 mph, he saw the first car about 130 feet ahead of him, stopped.

Plaintiffs sued the United States on the theory that the negligent failure of its employee to maintain the warnings of highway obstruction required by Montana statutes was the proximate cause of the collision and plaintiffs’ injuries.

Upon trial, the trial judge, Honorable William Jameson, long familiar with Montana law, found that the driver of the second car had clear and unobstructed view of…