153 S.W. 527 (Mo.App. 1913), Marshall v. Taylor

Citation:153 S.W. 527, 168 Mo.App. 240
Opinion Judge:JOHNSON, J.
Party Name:MAT MARSHALL, Respondent, v. JOHN N. TAYLOR, Appellant
Attorney:N. T. Gentry for appellant. Stephens & Collier for respondent.
Case Date:February 03, 1913
Court:Court of Appeals of Missouri
 
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Page 527

153 S.W. 527 (Mo.App. 1913)

168 Mo.App. 240

MAT MARSHALL, Respondent,

v.

JOHN N. TAYLOR, Appellant

Court of Appeals of Missouri, Kansas City

February 3, 1913

Appeal from Boone Circuit Court.--Hon. D. H. Harris, Judge.

REVERSED AND REMANDED.

Judgment reversed and cause remanded.

N. T. Gentry for appellant.

Stephens & Collier for respondent.

OPINION

Page 528

[168 Mo.App. 241] JOHNSON, J.

--This is an action, commenced March 2, 1912, in the circuit court of Boone county for the recovery of damages plaintiff alleges he sustained in consequence of a collision between his wagon and an automobile owned by defendant. The petition alleges that the collision was due to the negligence of defendant's son who was operating the automobile and that plaintiff's damages resulted from personal injuries inflicted on him and from injuries to his horse, wagon and harness. The answer in substance is a general denial and a plea of contributory negligence. A trial of the cause to a jury resulted in a verdict and judgment for plaintiff and after his motions for a new trial and in arrest of judgment were overruled, defendant brought the case here by appeal.

[168 Mo.App. 242] Plaintiff, a negro, was driving east on Broadway, a paved street, and was approaching the intersection of Third street when defendant's automobile, driven by his son, who was the only occupant, overtook plaintiff's wagon and in passing collided with it. There was a deep snow on the street but there was a well-beaten wagon path near the middle of the pavement and plaintiff kept his horse and wagon in the beaten road and did not attempt to turn out towards the right though warning of the coming of the automobile was given by the sounding of the horn. Plaintiff states he did not hear the horn on account of the noises made by his wagon and did not know of the approach of the automobile until the instant of the collision. The driver of the car, when he overtook the wagon, attempted to pass around it on the north side and in completing the movement turned into the beaten road ahead of the wagon to avoid, so he says, a pile of stones on the north side of the pavement. He cut in too close and the right rear wheel of the car struck the left front wheel of the wagon. Plaintiff was thrown from his seat into a pile of snow. His horse ran away and smashed the wagon and damaged the harness.

Defendant introduced in evidence an ordinance of the city prescribing "rules of the road." This ordinance contains the provisions of paragraph 3, section 8, of an act relating to motor vehicles, passed by the Legislature in 1911 (see Laws of Missouri, 1911, page 327). The rules thus prescribed are as follows:

"Whenever a person operating a motor vehicle shall meet in a public highway any other person riding or driving a horse, or horses, or other animals of any other vehicles, the person so operating such motor vehicle shall reasonably turn the same to the right of the center of such highway so as to pass without interference. When any such person so operating a motor vehicle shall overtake any such horse, animal [168 Mo.App. 243] or other vehicle, the rider or driver of such horse, animal or other vehicle, shall, as soon as practicable, turn aside to the right so as to allow free passage on the left hand side. Any such person so operating a motor vehicle shall, at the intersection of public highways, keep to the right of the intersection of the centers of such highways when turning to...

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