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Abstract

I. Origin and Historical Development

II. Scope of the Rule … A. When Rule Applied—Relationship of Striking Vehicle to Object Struck … (1) Moving Vehicle Colliding with Stationary Object in Its Lane of Traffic … (2) Vehicles Approaching One Another on Hilltops and Curves … (3) Objects Turning or Crossing in Front of Driver … (4) One Vehicle Overtaking and Passing Another … B. Special Conditions Causing a Driver’s Range of Vision to Decrease … C. Exceptions to the Rule—Nature of the Object Struck … (1) Night Driving … (2) Daytime Travel

III. The Range of Vision Rule in Other States

IV. Misapplication of the Rule … A. The Nature of a Driver’s Range of Vision … B. Vehicles Approaching Each Other on a Straight and Level Highway … C. Hilltop Collisions … D. Vehicles Approaching Each Other on Curves … E. Objects Turning or Crossing in Front of Driver

V. Inequity of the Nebraska View … Negligence as a Matter of Law

VI. Remedial Proposals

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