Biddle v. Boyd

• Citation: 39 Del. 346,199 A. 479
• Court: Delaware Superior Court
• Decision Date: 09 May 1938
• Parties: RUTH C. BIDDLE v. RACHEL E. BOYD (who was sued with Robert Goodrich)

199 A. 479

39 Del. 346

RUTH C. BIDDLE v. RACHEL E. BOYD (who was sued with Robert Goodrich)

Superior Court of Delaware, New Castle County

May 9, 1938

Superior Court for New Castle County, May Term, 1938.

Demurrer to declaration.

The declaration alleged that the plaintiff was a guest passenger in an automobile being driven by the defendant in a southerly direction on a four lane highway near the entrance to the Delaware State Hospital at Farnhurst; that an automobile owned and operated by Robert Goodrich had stopped on the extreme westerly lane of the highway near the entrance to the hospital, headed south; that the rear light of the Goodrich car and the two headlights of the defendant's car were lighted; that as the defendant's car approached the point where the Goodrich car was stopped and when the defendant's car, proceeding at thirty miles an hour, was at least one hundred and twenty five feet distant therefrom the plaintiff, having observed the Goodrich car, warned the defendant to look out for it; that at the time of warning there were three traffic lanes of the highway unobstructed and the defendant had ample time to turn her car into one of the lanes to avoid striking the Goodrich car; that it became the defendant's duty to heed the warning and refrain from disregarding wantonly the rights of the plaintiff; that notwithstanding, the defendant in violation of the statute, wantonly disregarding the rights of the plaintiff and the warning given by the plaintiff, drove her car into and against the rear of the Goodrich car, as a result of which the plaintiff was injured.

The demurrer is sustained.

Thomas H. Wingate for plaintiff.

Herbert H. Ward, Jr. (of Ward and Gray) for defendant.

LAYTON C. J., HARRINGTON and RICHARDS, J. J., sitting.

OPINION

LAYTON, C. J.

Under the provisions of the statute, Chapter 26, Vol. 38, Del. Laws, Section 5713, Rev. Code 1935, one riding as a guest in an automobile has no right of action for damages resulting from injury against the host in case of accident unless such accident shall have been intentional, or caused by wilful or wanton disregard of the rights of others.

In Gallegher v. Davis, 7 W. W. Harr. (37 Del.) 380, 183 A. 620, this Court held that, under the statute, negligence, as that term is properly understood in law, is eliminated as a basis of liability. This view of the statute was approved by the Supreme Court. Law v. Gallegher, 9 W. W. Harr. (39 Del.) 189, 197 A. 479. There, wanton conduct was defined to be such as exhibits a conscious indifference to consequences in circumstances where probability of harm to another within the circumference of the conduct is reasonably apparent, although harm to such other is not intended.

By the declaration, the wanton conduct of the defendant is alleged to consist in her failure to heed the warning of the presence of the parked car given to her by the plaintiff, at a time when the defendant's car, proceeding at a speed of thirty miles an hour, was distant from the parked car one hundred and twenty five feet. It may be assumed that the plaintiff's case has been stated with all fullness and strength. Snavely v. Booth et al., 6 W. W Harr. (36 Del.) 378, 176 A. 649. A simple calculation discloses that the defendant, from the time the warning was communicated, had something less than three seconds within which to act to avert the danger. Reception and appreciation of the communication and action in response thereto are not instantaneous processes even to the most intelligently active person. The time consumed by mental and muscular operations may not wholly be disregarded. But granting that to the average person in the circumstances alleged, understanding reception of warning and action thereupon should be practically instantaneous, there appears a distance of one hundred and twenty five feet and something less than three seconds of time upon which to predicate conscious indifference to the consequences of...