Bass v. Lee, 524

• Decision Date: 16 June 1961
• Docket Number: No. 524,524
• Citation: 255 N.C. 73,120 S.E.2d 570
• Court: North Carolina Supreme Court
• Parties: George W. BASS v. Thelma Johnson LEE, H. P. Lee and Alver Bass.

Page 570

120 S.E.2d 570

255 N.C. 73

George W. BASS v. Thelma Johnson LEE, H. P. Lee and Alver Bass.

No. 524.

Supreme Court of North Carolina.

June 16, 1961.

Wilson & Bain, Lillington, for appellee.

Teague, Johnson & Patterson, Raleigh, for appellant Lee.

Robert B. Morgan, Lillington, Fletcher, Lake & Boyce, Raleigh, for appellant Bass.

DENNY, Justice.

Each of the appealing defendants assigns as error the failure of the court below to sustain their respective motions for judgment as of nonsuit, made at the close of plaintiff's evidence and renewed at the close of all the evidence.

According to the evidence, there was a brick building at the northeastern intersection of North Clinton Avenue and East Edgerton Street; that one approaching the intersection from the north on North Clinton Avenue, when he reached a point 75 feet from the traffic light he could see a distance of 75 feet from the traffic light on East Edgerton Street. Likewise, one approaching the intersection from the east on East Edgerton Street, when he reached a point 75 feet from the traffic light he could see a distance of 75 feet from the traffic light on North Clinton Avenue.

There can be no question about the fact that these defendants entered the intersection at about the same time. Neither can there be any doubt about the fact that while each of these defendants traveled the last 75 feet before colliding with each other a few feet north of the center of the intersection, they could have seen each other approaching the intersection if they had looked and observed what they could and should have seen. Wall v. Bain, 222 N.C. 375, 23 S.E.2d 330; Taylor v. Brake, 245 N.C. 553, 96 S.E.2d 686; Norris v. Johnson, 246 N.C. 179, 97 S.E.2d 773. Moreover, the evidence tends to show that when the defendant Bass was 40 feet from the stop light or 40 feet from the intersection (the plaintiff testified to both distances), the plaintiff warned him by saying, 'Look out, Alver'; and the evidence further tends to show that the defendant Bass, notwithstanding this warning, made no effort to determine whether or not the defendant Mrs. Lee was going to stop and yield the right of way to him, nor did he apply his brakes, slow down, or make any attempt whatever to avoid the collision.

It is true the plaintiff alleged that the defendant Bass entered the intersection on a green light, but the testimony of the plaintiff himself, in support of his allegation in this respect, on direct examination, was that, 'The light was green the only time I observed it. I was then approximately 75 feet from the intersection.' On cross-examination he testified: 'The first and only time that I saw the light that was controlling traffic in that intersection was when I was about 75 feet from it. At that time it was green for traffic on North Clinton Avenue. From then on I was watching for a collision to occur. I was not looking at the light at the time of the impact.' It then becomes a question at to whether or not these defendants were guilty of negligence in entering the intersection without exercising reasonable care to determine whether or not the entrance into such intersection could be made with safety. The evidence tends to show that both appellants had sufficient time to stop before the collision if they had observed one another's presence as soon as their presence could and should have been observed. In fact, the testimony of the plaintiff himself was to the effect that each car was being driven so that it could have been brought to a stop in less than 40 feet.

In the case of Hyder v. Asheville Storage Battery Co., Inc., 242 N.C. 553, 89 S.E.2d 124, 126, the plaintiff, operator of a vehicle, stopped for a red traffic light. When he saw the light change, he started across the intersection, but he had only gone a short distance when his wife exclaimed, 'Lok out, that truck is 'going to hit us'.' The plaintiff jammed on his brakes and stopped, with the front of his automobile 17 feet into the intersection when the collision occurred. The plaintiff testified that he was not paying any particular attention, except to the green light. This Court held that the evidence warranted the submission of an issue as to the plaintiff's contributory negligence.

In the instant case, there is no evidence as to whether or not the defendant Alver Bass ever observed the traffic light or the approaching automobile operated by Mrs. Lee. He elected to offer no evidence in the trial below.

This Court said in the last cited case: 'The duty of a driver at a street intersection to maintain a lookout and to exercise reasonable care under the circumstances is not relieved by the presence of electrically controlled traffic signals, which are intended to facilitate traffic and to render crossing less dangerous. He cannot go forward blindly even in reliance on traffic signals. 4 Blashfield, p. 244. The rule is well stated in 60 C.J.S. Motor Vehicles § 360b, pp. 854, 855 as follows:

"A green traffic light permits travel to proceed and one who has a favorable light is relieved of some of the care which otherwise is placed on drivers at intersections, since the danger under such circumstances is less than if there were no signals. However, a green or 'go' light or signal is not an absolute guarantee of a right to cross the intersection solely in reliance thereon, without the necessity of making any observation and without any regard to traffic conditions at, or other persons or vehicles within, the intersection. A green or 'go' signal is not a command to go, but a qualified permission to proceed lawfully and carefully in the direction indicated. In other words, notwithstanding a favorable light, the fundamental obligation of using due and reasonable care applies."

"The fact that the operator of a motor vehicle may have a green light facing him as he approaches and enters an intersection where traffic is regulated by automatic traffic control signals does not relieve him of his legal duty to maintain a proper lookout, to keep his vehicle under reasonable control * * *.' Cox v. Hennis Freight Lines, supra (136 N.C. 72, 72 S.E.2d 25).' McEwen Funeral Service, Inc. v. Charlotte City Coach Lines, 248 N.C. 146, 102 S.E.2d 816; Williams v. Sossoman's Funeral Home, 248 N.C. 524, 103 S.E.2d 714; Shoe v. Hood, 251 N.C. 719, 112 S.E.2d 543.

In Currin v. Williams, 248 N.C. 32, 102 S.E.2d 455, the automobile of the plaintiff and the automobile of the defendant collided under a stop light in the Town of Rocky Mount, North Carolina. The plaintiff had lthe green light and the defendant ran the red light. Plaintiff was traveling 15 to 20 miles an hour and the defendant was traveling 20 miles an hour. Plaintiff did not look to his right or to his left, but he could see the 'broadness' of the street ahead. Plaintiff could have stopped within 10 feet. This Court said the...