Browne v. Hall

• Decision Date: 29 January 1954
• Docket Number: No. 3789,3789
• Citation: 70 So.2d 199
• Parties: BROWNE v. HALL et al. (two cases). FISHER v. HALL et al.
• Court: Court of Appeal of Louisiana — District of US

Page 199

70 So.2d 199

BROWNE v. HALL et al. (two cases).

FISHER v. HALL et al.

No. 3789.

Court of Appeal of Louisiana, First Circuit.

Jan. 29, 1954.

Stone & Toomer, Lake Charles, for appellants.

Plauche & Plauche, Lake Charles, for appellees.

CAVANAUGH, Judge.

These three cases arise out of an intersectional collision between a 1946 Plymouth sedan automobile being operated by Eva Browne, wife of Lacey Browne, and a 1947 Buick sedan automobile owned by R. L. Hall and being driven by his employee, George Patterson. The accident happened on October 4, 1952, about 2:45 p. m. at the intersection of Pine Street and Louisiana Avenue in the City of Lake Charles. The Plymouth automobile was being driven east on Pine Street, and the Buick automobile was being driven north on Louisiana Avenue. Louisiana Avenue is a paved street approximately 30 feet in width, and Pine Street west of the intersection where the collision occurred is a gravel or shell street, and east of the intersection where the collision occurred is paved. The impact between the two automobiles occurred in the center of the intersection when the Buick automobile struck the Plymouth sedan automobile on the right side in approximately the midsection between the front and rear doors.

The plaintiff, Lacey Browne, sues the defendant, R. L. Hall, and his insurer, the United States Fidelity and Guaranty Company, for $816.03, which he claims represents labor the parts in repairing the Plymouth sedan, and also claims 5% per annum interest from judicial demand until paid, and alleges that at the time of the accident, his wife, Eva Browne, was operating the automobile owned by the community existing between him and her on a community mission. Willie Fisher was riding with Mrs. Browne in the car at the time of the accident and had, on that day, been working in her yard, and she was taking him home from work when the collision occurred. He was riding in the rear seat of the Plymouth automobile and sitting on the left side of the rear seat.

The plaintiff alleges that his wife was driving the Plymouth automobile along Pine Street east, and when she reached the intersection of Louisiana Avenue, she stopped her car at the stop sign and proceeded slowly into Louisiana Avenue, looking both to the north and south to see if there was any traffic approaching; that her view to the south was impeded by a hedge until her car was far enough into Louisiana Avenue for her to see to the south; that as she entered the intersection she saw the defendant's car approaching from the south a distance of approximately 200 feet, and that after she had passed the center line of Louisiana Avenue, the automobile being driven by the defendant approaching from the south at an excessive rate of speed struck the automobile in which petitioner's wife was driving, driving it against the northeast corner of the intersection of Louisiana Avenue and Pine Street. The plaintiff alleges the specific acts of negligence committed by the defendant as follows:

1. Failure to keep a proper lookout when approaching the intersection of Louisiana Avenue and Pine Street;

2. Failure to have his car under control so that he could stop within the reasonable distance of the intersection in the event that someone would come to the street from Pine Street;

3. Failure to realize that with the addition of a trailer which was attached to the automobile the automobile would not stop as quickly as it would if the trailer was not attached.

The defendant and his insurer admitted the accident and its occurrence, but denied any negligence on the part of the driver of the Buick automobile and affirmatively alleged that the Buick automobile owned by the defendant, Hall, and insured by the United States Fidelity and Guaranty Company was being driven by George Patterson north on Louisiana Avenue at a safe and prudent rate of speed and that he observed all pertinent law and ordinances and was keeping a proper lookout; that as he approached the intersection of Louisiana Avenue and Pine Street, he slowed down, but, observing no traffic about to cross said intersection, he proceeded into said intersection, and as he did so, plaintiff's automobile suddenly and at a high rate of speed entered the intersection from Pine Street without stopping, headed in an easterly direction, and, despite Patterson's efforts to avoid a collision, one did occur; that the accident, collision and resulting damages were in no way caused by the defendant, but were caused by the following negligent acts committed by plaintiff's wife, Eva Browne, which particular acts of negligence were alleged as follows:

1. In entering Louisiana Avenue without stopping for said street, despite the fact that a stop sign existed for traffic heading east on Pine Street, in violation of the laws of the State of Louisiana and the ordinances of the City of Lake Charles;

2. In failing to accord defendants' automobile the right of way, since said automobile was approaching from the right of petitioner's automobile, contrary to the laws of the State of Louisiana and the ordinances of the City of Lake Charles 3. In driving at a speed which was excessive under the traffic, visibility and other conditions then existing; and

4. In failing to keep a proper lookout for other vehicles and in failing to keep petitioner's said automobile under proper control.

Alternatively, the defendants especially plead contributory negligence on the part of Mrs. Eva Browne as a defense to recovery by the plaintiff and reconvened for the damages done the Buick automobile which amounted to $495.73.

Willie Fisher sued for $750 damages, which consisted of $550 for pain and suffering, $150 for loss of earnings, and $61 for hospital and doctor fees. The claim of Mrs. Browne was for the sum of $500 for personal injuries.

In the suit of Willie Fisher the same grounds for recovery are urged by the plaintiff and the same defenses are urged by the defendants, and the same grounds for recovery are urged by the plaintiff, Mrs. Eva Browne, for recovery, and the same defenses are urged to her claim.

The Lower Court, after a trial on the merits, rejected the demands of Lacey Browne for the damage done to his Plymouth automobile, as well as the claim of his wife, Mrs. Eva Browne, for personal injuries...