Chance v. Murry
| Decision Date | 07 March 1936 |
| Docket Number | 32665. |
| Citation | 54 P.2d 981,143 Kan. 476 |
| Parties | CHANCE v. MURRY. [*] |
| Court | Kansas Supreme Court |
Syllabus by the Court.
Motorist who was unable to stop to avoid truck parked at night at right angles to curb, obstructing street, and was obliged to turn into wrong traffic lane, where he collided with on-coming automobile, held contributorily negligent as matter of law.
In an action to recover damages for injuries sustained in a collision between two automobiles, the record is examined and it is held that the plaintiff was guilty of contributory negligence as a matter of law, which bars his recovery.
Appeal from District Court, Seward County; Frank O. Rindom, Judge.
Action by Le Roy Chance, a minor, by Lloyd Chance, his father and next friend, against Hubbert Murry and Claude Robinson wherein last-named defendant filed a cross-petition. From a judgment for plaintiff, first-named defendant appeals.
Reversed with directions.
Eugene W. Davis, of Liberal, and Douglas Hudson, of Fort Scott, for appellant.
G. L Light and Auburn G. Light, both of Liberal, for appellee.
This was an action for damages for injuries sustained in a collision between two automobiles. Judgment was for plaintiff. Defendant appeals.
Defendant operated a cream buying station on the east side of Kansas avenue in Liberal, Kan. A Chevrolet semitrailer truck was used in the business. This truck consisted of a trailer which was attached to a motor. It was what is known as a six-wheel truck, and was so constructed that the front part where the motor was carried and in which the driver rode could be turned practically at right angles to the rear of the truck.
Early in the morning of the day of the accident, the driver of this truck, an employee of defendant, backed it up against the curb in front of the place of business of defendant at right angles to the curb. He turned the motor part of the truck so that it pointed southwest. This was done about 12:30 a. m. on the morning of the accident. The rear lights of the trailer were headed directly east; the front trailer lights were headed directly west; the left front trailer light was partly obscured by the cab of the tractor parked as it was. The overall length of this truck was about 24 or 26 feet. It was of a dark green color. On the night in question it was misting and drizzling a little. The visibility was poor.
Plaintiff was driving a Ford coupé going north on Kansas avenue about 1:30 in the morning. On his right in the coupé were two young men friends. On the lap of each of these two young men a young lady was seated. The coupé was equipped with a windshield wiper, but it was not working. At the time of the injury to plaintiff there were three cars parked against the curb on the west side of the street directly across the street from where the truck was parked. The point of the truck that was farthest west was 4.5 feet from the middle of the street. As plaintiff approached the truck from the south, he was driving on the right-hand side of the street at about 15 or 20 miles an hour. According to his testimony the truck extended to his left 7 or 8 feet. He was about 25 or 30 feet from the truck when he first saw it. He put on his brakes immediately and swung to the left to avoid hitting the truck. The swing to the left took the coupé to the left of the middle line of the street. When the coupé reached a point where it was directly west of the trailer part of the truck and the rear part of the coupé was just west of the tractor part, it was headed almost directly north. The left wheels of the coupé were a little west of the middle line of the street. At that point the coupé collided with a car being driven from the north. The left bumper of the coupé hit the left bumper of the other car at a point just about even with the headlights of the two cars. The lights on the coupé were good. At the time of the collision the coupé came almost to a complete stop. The distance from the west curb of the street to the easternmost part of the cars that were parked across the street from the truck was about 12 or 13 feet. This left about 16 feet clear driving space between the truck and these cars. As a result of the collision the driver of the coupé was thrown through the windshield and injured so badly that the sight of one eye was destroyed. The driver of the coupé brought this action by his father as next friend against the driver of the car with which he collided, and the owner of the truck.
The answer of defendant truck owner was in effect a general denial and an allegation that any injuries...
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Towell v. Staley
...of Frazier v. Cities Service Oil Co., 159 Kan. 655, 157 P.2d 822, in which, among others, the following cases are cited: Chance v. Murry, 143 Kan. 476, 54 P.2d 981; Robinson v. Short, 148 Kan. 134, 79 P.2d Carson v. City of Wichita, 148 Kan. 215, 80 P.2d 1114; Goodman v. Wisby, 152 Kan. 341......
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Reiling v. Missouri Insurance Co., 19876.
...to have his motorcycle under control as he approached the intersection was contributory negligence which bars recovery. Chance v. Murry, 143 Kan. 476, 54 Pac. (2d) 981; Giles v. Ternes, 93 Kan. 140, 143 Pac. 491; Agee v. Herring, 221 Mo. App. 1022, 298 S.W. 250. (b) The law is well settled ......
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Reiling v. Missouri Ins. Co.
... ... approached the intersection was contributory negligence which ... bars recovery. Chance v. Murry, 143 Kan. 476, 54 ... P.2d 981; Giles v. Ternes, 93 Kan. 140, 143 P. 491; ... Agee v. Herring, 221 Mo.App. 1022, 298 S.W. 250. (b) ... ...
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Henderson v. National Mut. Cas. Co.
...267 P. 986; Jones v. Atchison, T. & S. F. Ry. Co., 129 Kan. 314, 282 P. 593; Webb v. Lipperd, 134 Kan. 764, 8 P.2d 381; Chance v. Murry, 143 Kan. 476, 54 P.2d 981; Berry v. Weeks, 146 Kan. 969, 73 P.2d Robinson v. Short, 148 Kan. 134, 79 P.2d 903; Goodman v. Wisby, 152 Kan. 341, 103 P.2d 80......