Bruce v. Stuyvesant Ins. Co.

• Court: Court of Appeal of Louisiana
• Writing for the Court: BOLIN
• Citation: Bruce v. Stuyvesant Ins. Co., 159 So.2d 424 (La. App. 1963)
• Decision Date: 06 December 1963
• Docket Number: No. 10039,10039
• Parties: Mrs. Mary E. BRUCE, Plaintiff-Appellant, v. STUYVESANT INSURANCE COMPANY et al., Defendants-Appellees.

Page 424

159 So.2d 424

Mrs. Mary E. BRUCE, Plaintiff-Appellant, v. STUYVESANT INSURANCE COMPANY et al., Defendants-Appellees.

No. 10039.

Court of Appeal of Louisiana, Second Circuit.

Dec. 6, 1963.

Rehearing Denied Jan. 9, 1964.

Booth, Lockard, Jack, Pleasant & LeSage, Shreveport, for appellant.

Bodenheimer, Looney & Jones, Shreveport, for appellees.

Before HARDY, GLADNEY and BOLIN, JJ.

BOLIN, Judge.

Plaintiff, while a fare-paying passenger in a Yellow Cab Company taxi, received personal injuries caused by a collision, occurring March 1, 1961, between the taxi and a Buick automobile at the intersection of Missouri Avenue and West College Street in the City of Shreveport. From judgment rejecting her demands for damages against the cab company and its liability insurer, plaintiff appeals.

Since the lower court did not assign written reasons for its judgment, we shall briefly set forth the facts as we find them. We think defendants are liable under the version of the accident related by their witness, Virgil Tynes, the driver of the Yellow Cab. He said he was driving the taxi north on Missouri Avenue and the Buick was approaching the intersection from its right traveling from east to west. It was daytime and visibility was good. The intersection was controlled by an electric blinking light showing an amber color denoting caution to the traffic on Missouri and red signifying stop to traffic on West College Street.

As Tynes approached the intersection he was driving about 35 miles per hour. Parked along the curb of Missouri Street to his right, about 15 feet south of the intersection were a passenger car and a large van-type truck. He first saw the Buick approaching the intersection from his right when he was about 45 feet from the caution light, at which time he let up on his accelerator and slowed his vehicle about five miles per hour. He noticed the Buick driver slowing his vehicle and he continued toward the intersection. While passing the parked truck and automobile, his range of vision was momentarily blocked, and when he regained full vision, the Buick suddenly appeared coming on into the intersection. He swerved to the left, applied his brakes but the left front of the Buick struck the right door of the taxi causing injuries to plaintiff who was seated on the right of the rear seat. Tynes said he was familiar with the crossing and knew the traffic on West College Street was required to stop, not only because of the red traffic blinker light but also because of a stationary stop sign near the intersection.

Under the above-related facts, which are stated in the light most favorable to defendants, we think the cab company and its insurer are liable for plaintiff's injuries under the holding of Wise v. Prescott, 244 La. 157, 151 So.2d 356 (1963). This case was published after the rendition of the lower court's judgment and we feel certain the ruling would have been different had the trial court had the advantage of such opinion.

In the Wise case the plaintiff was a farepaying passenger in a bus which collided with an automobile at an intersection in New Orleans. The traffic on the street upon which the bus was traveling was controlled by a 'Slow' sign and the traffic on the intersecting street was controlled by a 'Stop' sign. The automobile, without stopping for the stop sign, entered the intersection at a speed estimated to be 20 miles per hour. The driver of the bus testified he reduced his speed from 20 miles per hour to about 10 or 12 miles per hour as he approached the intersection. The Supreme Court held the common carrier liable for the reason it had not overcome the presumption of negligence against it.

Quoting from the opinion of the Court of Appeal, the Supreme Court said:

"The mere showing of injury to a fare-paying passenger on a public conveyance and his failure to reach his destination safely establishes a prima facie case of negligence and imposes the burden on the carrier of convincingly overcoming such case. (Thereafter follow many citations.)

"A public carrier of passengers while not an insurer is required to exercise the highest degree of vigilance, care and precaution for the safety of those it undertakes to transport and is liable for the slightest negligence. Gross v. Teche Lines, Inc., 207 La. 354, 21 So.2d 378. The carrier must do all that human sagacity and foresight can do under the circumstances, in view of the character and mode of conveyance adopted, to prevent injury to passengers, the carrier being held...