Becker v. Strater

• Decision Date: 28 April 1947
• Docket Number: No. 17561.,17561.
• Citation: 117 Ind.App. 504,72 N.E.2d 580
• Parties: BECKER v. STRATER.
• Court: Indiana Appellate Court

117 Ind.App. 504

72 N.E.2d 580

BECKER

v.STRATER.

No. 17561.

Appellate Court of Indiana, in Banc.

April 28, 1947.

Appeal from Steuben Circuit Court; Clyde C. Carlin, Judge.

Action by Kenton E. Becker against Carl Strater under the Automobile Guest Act, Burns' Ann.St. § 47-1021, to recover for injuries sustained as result of an automobile collision. From a judgment for defendant, plaintiff appeals.

Affirmed.

Wood & Wood, of Angola, for appellant.

Barrett, Barrett & McNagny, of Fort Wayne, Harris W. Hubbard, of Angola, and Fenton, Steers, Beasley & Klee, of Indianapolis, for appellee.

FLANAGAN, Judge.

This action was brought by appellant, Kenton E. Becker, against appellee, Carl Strater, to recover damages for personal injuries sustained as a result of a collision between appellee's automobile, in which appellant was a guest passenger at the time, and the automobile of a third person. At the conclusion of appellant's evidence the trial court directed a verdict for appellee and the correctness of that ruling is here challenged.

The question presented is whether the evidence adduced, together with all reasonable inferences to be drawn therefrom, failed to establish willful or wanton misconduct on the part of appellee.

The pertinent facts disclosed by the evidence are as follows:

The collision occurred on May 24, 1942, at about 12:30 P.M., in Fairfield Township, DeKalb County, Indiana, at the intersection of state highway 327 and a gravel road, the name of which is not disclosed by the record. Road 327 at this point runs north and south and has a twenty foot pavement with a berm of about twenty feet on each side. The gravel road runs east and west and intersects road 327 at right angles. On the north side of the gravel road at a point seventy-three feet east of the center line of road 327 was a stop sign. On the north side of the gravel road from road 327 to a point twenty-five feet east was a hill sufficiently high to obstruct the view. Appellee had resided for a number of years two and one-half miles east of the intersection and both he and appellant were familiar with it.

Appellee's car approached the intersection from the east. He was driving, appellant was sitting at his right with appellee's small daughter between them. Appellant's wife and appellee's wife were sitting on the rear seat. Appellee was driving about thirty-five miles per hour until he was about one hundred feet from the intersection. There he began to slow down and at the same time called appellant's attention to some cattle in a field on the south side of the road. When they reached the intersection the car was traveling about fifteen or twenty miles per hour. Appellee was looking to the south and appellant to the north. Nobody saw an approaching car. Appellee did not bring his car to a stop but as he reached the intersection he stepped on the gas and started across. Just as they reached the paved portion of road 327 appellant yelled, ‘Look out, Carl.’ Almost immediately they were struck by an automobile approaching from the north.

Appellant points out that appellee was familiar with the intersection and knew that the view to the right was obstructed; that he nevertheless diverted his attention to the south and commented upon some cattle in the field when he was only one hundred feet from the intersection; that he failed to stop as he entered the intersection and that as he entered the intersection he...