Brown v. Greenwood
| Decision Date | 02 April 1945 |
| Docket Number | 17335. |
| Citation | 60 N.E.2d 152,116 Ind.App. 112 |
| Parties | BROWN et al. v. GREENWOOD. |
| Court | Indiana Appellate Court |
Rehearing Denied May 18, 1945.
Appeal from Superior Court, Vigo County; Albert R. Owens Judge.
Action by Roe Greenwood against Robert Brown and Gilbert Brown to recover for injuries sustained in an automobile accident. Judgment for plaintiff, and defendants appeal. Affirmed.
Beasley O'Brien, Lewis & Beasley, of Terre Haute, for appellants.
Aikman, Miller & Causey and Ernest M. Wright, all of Terre Haute, for appellee.
Appellee sued appellants for damages on account of injuries received arising out of an automobile accident on Wabash Avenue in the City of Terre Haute. The cause was tried to a jury; twenty-six interrogatories properly submitted were answered by the jury. A general verdict was returned in favor of appellee for $2,000. The trial court overruled appellant's motion for judgment on the interrogatories notwithstanding the general verdict, and rendered judgment against appellants on the general verdict.
The sole error assigned here is that the trial court erred in overruling the separate and several motions of appellants for judgment on the answers to the interrogatories submitted to the jury.
The complaint, in substance, alleges the existence of U. S. Highway No. 41, and that said highway is also known as Wabash Avenue in the City of Terre Haute; that on December 5, 1942 appellant Gilbert Brown was the owner of a coal truck and on said date appellant Robert Brown was driving said truck; that the appellants were engaged in the business of hauling coal. It is then alleged as follows:
On said date and more than one-half hour before sunrise and at a time when there was not sufficient light to render such truck clearly discernible a distance of five hundred (500) feet and when the atmosphere was foggy and visibility thereby further impeded, the defendants then and there with knowledge of the conditions herein alleged parked said automobile and allowed said automobile to remain so parked at a point on Wabash Avenue adjacent to the north curb line thereof and between Rose Avenue and Home Avenue intersections with Wabash Avenue.
'At such time and place and in such conditions and with motor vehicles with lighted headlights approaching from the west, plaintiff drove his automobile with lighted headlights in a westerly direction along Wabash Avenue, parallel with and about six or seven feet from the north curb of such street and then and there because of the negligence of defendants ran into and collided with the rear end of said truck and sustained injuries as hereinafter alleged.
'Plaintiff says that defendant parked said truck and allowed the same to remain parked along said highway at such time without a lighted tail lamp on the rear thereof which would emit a red light plainly visible from a distance of five hundred (500) feet; and negligently parked said truck and allowed the same to remain so parked without giving any warning of any kind by signal light or otherwise of such truck being so parked; and negligently parked said truck and allowed the same to remain so parked without a proper reflector or reflectors mounted on the rear of said truck; and negligently parked said truck and allowed the same to remain so parked without any signals or warning and at a location and in conditions where the defendants well knew said truck likely would not be seen and travelers along said highway thereby caused to collide with it.'
Then follows a description of the injuries sustained by appellee. It is then averred:
'Said collision and all said injuries are the proximate result of the negligence above set out and of each separate act and omission of negligence separately and severally considered.
'By reason of the premises plaintiff has been damaged in the sum of $15,000.00.'
Appellants by their answer denied the allegations of negligence contained in the complaint.
The interrogatories and the answers of the jury thereto are as follows:
At the time of the accident, was there a lighted tail lamp on the rear of the truck?
Answer. Yes.
At the time of the accident, did the tail light on the truck have lens known as red reflector lens?
Answer. Yes.
At the time of the accident, were there two red reflector buttons located on the rear license plates of the truck?
Answer. Yes.
At the time of the accident, was there a cluster of three red lamps on the rear of defendants' truck at about the center thereof?
Answer. Yes.
If you answer the preceding interrogatory 'Yes', was said cluster of three red lamps lighted, at the time of the accident?
Answer. Yes.
Was there a red reflector on each side of the rear end of said truck, at the time of the accident?
Answer. Yes.
If you answer the preceding interrogatory 'Yes', were such reflectors approximately three feet above the pavement on which said truck rested?
Answer. Yes.
Was plaintiff 'blinded' by bright head lights on approaching automobiles for a distance of more than 100 feet before reaching the point of collision?
Answer. Yes.
If you answer the preceding interrogatory 'yes', could plaintiff see ahead and distinguish objects for a distance of approximately thirty feet ahead of his car?
Answer. No.
If you answer interrogatory No. 8 'No', could plaintiff see and distinguish objects ahead for a distance of approximately 150 feet?
Answer. _____
Immediately before and at the time of the accident, was plaintiff's automobile equipped with four wheel brakes?
Answer. Yes.
If you answer the preceding interrogatory 'Yes', were said brakes in good working order?
Answer. Yes.
Traveling at the rate of 15 to 20 miles an hour, could plaintiff have stopped his automobile within a distance of six to eight feet, by applying his brakes?
Answer. No.
Did the accident happen within the corporate limits of the City of Terre Haute?
Answer. Yes.
Was the speed of plaintiff's automobile in excess of 30 miles an hour, at the time of the collision?
Answer. No.
Did Roe Greenwood apply his brakes at any time before the accident?
Answer. No.
If you answer the preceding interrogatory 'No', did his failure to apply such brakes, in view of the surrounding conditions and circumstances shown in the evidence, directly contribute to cause the accident?
Answer. No.
Was plaintiff's visibility at and before the accident impeded by atmospheric conditions?
Answer. Yes.
Was Wabash Avenue at the point where the collision occurred, a four-lane paved highway?
Answer. Yes.
Was Wabash Avenue at and in the vicinity of the collision, a straight and level street?
Answer. Yes.
At the time of the accident, was there a street lamp at the intersection of Rose and Wabash Avenues?
Answer. Yes.
If you answer the preceding interrogatory 'Yes', was the street lamp lighted at the time of the accident?
Answer. Yes.
Could Roe Greenwood, in the exercise of that care for his own safety, reasonably to be expected from one of his age and experience, placed in the same or similar circumstances, have slowed down and thereby avoided the accident?
Answer. Yes.
Could Roe Greenwood, in the exercise of that care for his own safety, reasonably to be expected from one of his age and experience, placed in the same or similar circumstances, have seen the truck parked along the side of the curb during the last thirty or forty feet of his traveling, before the accident, and thereby avoided the accident?
Answer. No.
Could Roe Greenwood, in the exercise of that care for his own safety, reasonably to be expected from one of his age and experience, placed in the same or similar circumstances, have stopped, and thereby avoided the accident?
Answer. No.
Could Roe Greenwood, in the exercise of that care for his own safety, reasonably to be expected from one of his age and experience, placed in the same or similar circumstances, have turned his automobile aside and thereby avoided the accident?
Answer. No.'
Appellee contends the appellants have not complied with Rule 2-17-(f) of the Supreme Court. We believe appellants have at least made a good-faith effort to comply with the rules in the preparation of their brief, and therefore proceed to consider this appeal on its merits.
Appellants contend the answers to the interrogatories show: 1. Appellants were not guilty of any of the specific charges of negligence alleged in the complaint. 2. That appellee's injuries were not proximately caused by any specific act of negligence as alleged in said complaint; and, 3. That appellee was guilty of contributory negligence as a matter of law.
In determining the question here presented, we consider only the pleadings, the general verdict, the interrogatories and the answers thereto. 2, Watson's Works Practice & Pleading, p. 468, § 1896; Indianapolis Traction & Terminal Company v. Kidd, 1906, 167 Ind. 402, 409, 79 N.E. 347, 7 L.R.A., N.S., 143, 10 Ann.Cas. 942; Jeffersonville Manufacturing Company v. Holden, 1913, 180 Ind. 301, 102 N.E. 21.
The general verdict of the jury determined all material issues in favor of appellee. Unless...
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