Arkmo Lumber Company v. Luckett
| Decision Date | 21 October 1940 |
| Docket Number | 4-6058 |
| Parties | ARKMO LUMBER COMPANY v. LUCKETT |
| Court | Arkansas Supreme Court |
Appeal from Mississippi Circuit Court, Chickasawba District; G. E Keck, Judge; affirmed.
Judgment affirmed.
Shane & Fendler, for appellant.
Neill Reed and Zal B. Harrison, for appellee.
This action was instituted by Mrs. J. A. Luckett who sued as administratrix of the estate of J. A. Luckett, deceased, and in her own behalf against the Arkmo Lumber Company, a corporation. She alleged in her complaint that on November 22, 1938, J. A. Luckett was driving his Chevrolet automobile in a careful, cautious and lawful manner along state highway No. 18 in Mississippi county en route to his home in Dell; at the same time a servant and employee of appellant, in the course of his employment and while transacting its business was driving a motor truck loaded with brick along said highway in the opposite direction; that the driver of the truck carelessly and negligently drove the truck into and against the automobile driven by J. A. Luckett with such force and violence that the automobile was demolished, and J. A. Luckett was cut, bruised, lacerated and otherwise injured, which injuries resulted in his death in a short time; it was alleged: first, that appellant's servant was careless and negligent in driving at an excessive and dangerous rate of speed; second, in failing to keep the truck under proper control; third, in driving the truck on the wrong side of the road; fourth, in failing to slow down as he approached deceased's car; fifth, in failing to keep a proper lookout. The car was damaged in the sum of $ 500 and Dr. Luckett suffered great physical pain and mental anguish, to plaintiff's damage in the sum of $ 25,000; that appellee was at the time of the injury the wife of J. A. Luckett, and is now his widow; at the time of Luckett's injury he was 59 years of age, was earning $ 7,500 per year; was in good health, strong, sober and industrious, and contributed the major part of his earnings to the support of appellee; by reason of the loss of the comfort and companionship of her husband, and his earnings and contributions to her, she was damaged in the sum of $ 50,000.
The appellant filed answer denying each and every material allegation of the complaint, except as to the authority of appellee to sue, and as to the corporate character of the appellant. It specifically denied that the driver of the truck was guilty of any carelessness or negligence in the operation of the truck, and denies that the truck was driven at an excessive and dangerous rate of speed; denies that it was not under proper control, and that it was driven on the wrong side of the highway; denies that it was not properly handled in the emergency, and when the accident happened, or that the driver failed to keep a proper lookout; denies that its driver was guilty of any negligence which was the proximate cause of the injury; denies that deceased was earning $ 7,500 per year prior to his death, and denies that appellee was damaged in the sum of $ 50,000 or that any damage was due to any carelessness or negligence on the part of appellant. It pleaded contributory negligence on the part of the deceased.
There was a trial and verdict and judgment in favor of appellee for $ 10,000 and also a verdict in favor of appellee, as administratrix, for $ 200 for car damage; and the jury found that there was no conscious pain or suffering. Motion for new trial was filed and overruled, and the case is here on appeal.
W. E. Lawhorn, a surveyor, witness for appellee, had made and introduced a plat and described the meaning of the notations on the plat.
Arthur Jackson, colored, testified in substance that he remembered when Dr. Luckett was killed; he was standing in his yard at the time the doctor passed, and the doctor was driving on the right side of the road; he was driving at an ordinary rate of speed like he always had; never saw him drive fast; been with him many times and saw no wobbling in the car; he was driving in his usual way on his side of the highway; he just happened to be standing in his yard and knew the doctor when he passed.
J. W. Meyer testified in substance that he lived in Blytheville, was the engineer in charge of drainage district No. 7; knew Dr. Luckett and remembers the time of his being killed; passed him on highway 18 about a mile and a half from Dell directly beyond the curve going toward the lake; as witness passed him he waved at him and saw nothing unusual as he passed; had passed him many times, and that time was just like the others; he was on the right side of the road; does not know what kind of driver he was, but he never seemed to go at excessive speed; witness was traveling 50 or 60 miles an hour, but Dr. Luckett was not going so fast; does not remember the Arkmo lumber truck; witness passed several cars and may have passed the truck.
Mrs. Carl Davis testified in substance that she remembers the occasion when Dr. Luckett was killed on highway 18; hers was the second car that approached after the accident; she stopped long enough to find out who it was; she then went and got some parties to telephone; Mrs. Johnson and witness took Mrs. Luckett to the scene of the accident; witness took Mr. Belknap, who was in the wreck, to Dell in her car.
W. A. Whistle testified in substance that he lives on highway 18 and has been in the county since 1918; knew Dr. Luckett well, and he had been his family doctor part of the time; he arrived at the scene of the accident in his car and did not see any others at the time; the next he saw was Mrs. Davis' car; the doctor was lying on the ground; thinks there was some glass, and there was a track where the truck went off the south side; did not recall that he checked the tire marks; the glass and dirt were south of the center of the road, which would be on the doctor's side of the road; had known Dr. Luckett since 1920; the doctor was a slow driver; when witness arrived at the scene of the accident Dr. Luckett was alive and seemed to be unconscious.
B. G. Gaines, colored, testified in substance that he did not see the accident, but it occurred in front of his house; he heard the rumbling and when he came to the door saw Dr. Luckett's car right in front of the door; Dr. Luckett was flat on his back with his head south; his hands almost touching the running board; he was breathing; saw glass and tire marks where the cars ran together; Dr. Luckett's car was facing west, as if it had been turned around; the tire marks and broken glass were on Dr. Luckett's side of the road.
James Thomas, colored, testified in substance that he did not see the accident, but when he went out of the house Dr. Luckett was hanging out of the car; his feet and body were out; saw broken glass and mud and marks on Dr. Luckett's side of the road; when asked if Dr. Luckett was conscious he answered that he did not say anything, but he knew he was alive.
William Harris, colored, testified in substance that he and the truck driver took the doctor out of his car; he was alive; could see him breathe a little; witness did not see the accident; Dr. Luckett was unconscious.
Matt Jones, colored, testified in substance that he did not see the accident, but heard the collision and looked up; thinks Dr. Luckett was still alive when he arrived.
Don Burton testified in substance that he looked at the marks on the road and they were made by diamond tread tires; diamond tread prints were across Dr. Luckett's vest; could see the dust and dirt and skid of the tires south of the black line on the highway; the collision occurred 18 or 20 inches south of the center line of the road; the truck was on the north side of the road, 20 or 30 steps from the car; there were tire marks of the wrecked car from where the impact started; the mark was made by the left front tire of the...
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