Crane v. Sirkin & Needles Moving Co.

• Decision Date: 10 September 1935
• Docket Number: No. 23303.,23303.
• Court: Missouri Court of Appeals
• Parties: CRANE v. SIRKIN & NEEDLES MOVING CO.<SMALL><SUP>*</SUP></SMALL>

85 S.W.2d 911

CRANE v. SIRKIN & NEEDLES MOVING CO.^*

No. 23303.

St. Louis Court of Appeals. Missouri.

September 10, 1935.

Rehearing Denied October 1, 1935.

Appeal from St. Louis Circuit Court; Granville Hogan, Judge.

"Not to be published in State Reports."

Action by William B. Crane against the Sirkin & Needles Moving Company. From a judgment for the plaintiff, the defendant appeals.

Judgment affirmed.

Allen, Moser & Marsalek, of St. Louis, for appellant.

John F. Clancy and Mason & Flynn, all of St. Louis, for respondent.

SUTTON, Commissioner.

This is an action for personal injuries to plaintiff and damage to his automobile, resulting from a collision between his automobile and defendant's motortruck, which occurred at the intersection of Thomas street and Garrison avenue, in the city of St. Louis, about 2:15 o'clock in the afternoon, on October 10, 1932.

The trial, with a jury, resulted in a verdict and judgment in favor of plaintiff for $3,750, and defendant appeals.

Garrison avenue runs north and south, and is thirty-three feet wide. Thomas street runs east and west, and is also thirty-three feet wide.

Plaintiff's testimony, respecting the accident, is as follows: "The accident occurred at approximately two o'clock. I was driving my automobile, a Graham-Paige sedan, north on the east side of Garrison avenue. The defendant's motortruck was traveling east on Thomas street. I was traveling about 20 to 22 miles per hour as I approached Thomas street. I checked up my speed at Thomas street to about 6 or 8 miles an hour. I looked east and saw that the way was all clear. I could not look west until I got almost up to the line, because there was a flat or dwelling house on the southwest corner that sets close to the sidewalk. I was not more than 6 or 8 feet from Thomas street when I first saw the truck. I was close to the intersection. At that time the truck was west on Thomas street about 130 to 140 feet from me. At that time I was not able to estimate the speed of the truck. I then stepped on the gas and accelerated my speed. When I saw the truck again it was at the northwest corner of the intersection. At that time my automobile was traveling to the center or a little past the center of Thomas street. The truck was just coming up to the sidewalk line on the west side of Garrison avenue. It was then running about 25 or 30 miles an hour. I stepped on my brake and came close to a standstill. I was practically on a standstill when I was hit by the truck. I had accelerated the speed of my automobile to 12 or 15 miles an hour at the time I applied the brake. When I saw the truck at the northwest corner of the intersection coming at a speed of 25 or 30 miles an hour, I stepped right down on the brake pedal. The next thing that happened the truck came into collision with my automobile. After the collision my automobile was on the northeast corner of the intersection. The front wheels were on Garrison avenue. The back of it was toward the east and the front was facing the west, just the least bit on an angle to the south. The truck was facing east. It was on the north side of the street. I did not hear any horn sounded by the truck at any time. The truck was swerving to the north to the further side of the street before this accident happened. At the time of the accident the weather was all clear, the streets were dry. I had hydraulic brakes on my automobile. They were in splendid condition. Running at 20 or 22 miles an hour I could easily have stopped my automobile in 15 or 20 feet. When I looked west on Thomas street the front of my automobile was not back further than 6 or 8 feet from the south line of the intersection. I think it was almost to the line. When I applied the brakes I was passing the middle of Thomas street. When I was at that point I stepped hard on the brake. When my automobile came to a stop the front of it was about half a car length further on. I think it took about a half a car length to stop it. At the time I stepped on the brakes I had gotten up to a speed of about 12 or 14 miles per hour. I possibly could have gotten the automobile up to a higher speed if I had judged the speed of the truck. My speed was increasing up to the point where I applied the brakes. I was in high gear. I was picking up speed with all consistency the same as one would. If I had kept my foot down on the gas instead of stepping on the brakes in the middle of the street I think I would have increased the speed of my automobile to 20 or 25 miles an hour by the time the automobile had finished crossing the street. When the truck was 30 feet west of me my automobile was in the middle of the street traveling north and at about that time I stepped on the brake. From the time I saw the truck 130 to 140 feet west of me on Thomas street I saw it almost continuously. I mean I watched it. I might have taken a quick glance to the east again, and then watched the truck coming. I saw it coming practically at all times from a distance of 130 to 140 feet away. When I got in the middle of the street I applied the brakes hard because I saw the truck was not slowing down. The truck was 30 feet away from me then, but it was coming."

Ben Feltman testified, for plaintiff, as follows: "I was driving my automobile. I passed this truck. After I passed the truck I was going between 30 and 35 miles an hour. I went east on Thomas street as far as Garrison avenue. The truck was about 100 feet behind me then. When I got to Garrison avenue I turned north on Garrison. After I passed the truck it continued to follow me. It was about 100 to 120 feet behind me. I looked at the rear vision mirror, and the truck was gaining on me, and I was going between 30 and 35 miles an hour. When I got down to Garrison avenue I saw the truck. It was then about 100 feet behind me, and was running at the same rate of speed. I saw a Graham-Paige automobile going north on Garrison. It was just about approaching Thomas street. I don't think it was going faster than eight miles an hour. After I turned north on Garrison I heard a crash. I was about 75 feet north of the intersection when the crash happened. After the collision the Graham-Paige was facing west on Thomas street. The truck was facing east on the north side of Thomas street about eight feet from the north curb line. Half of the truck was in Garrison avenue and the other half was in Thomas street. It was headed east. When I made the turn, Mr. Crane's automobile was about 10 feet from the corner, going not over eight miles an hour. It was on the east side of Garrison avenue and about 10 feet from the south side of the roadway of Thomas street where the vehicles travel."

Joseph McCarthy, a police officer, testified, for plaintiff, as follows: "I arrived at the scene of the accident about 2:15. The Graham-Paige was up on the curb on the northeast corner and it was facing sort of towards the west, and the truck was slightly north of the center of Thomas street, facing east. The front part of the truck was east of the center of Garrison."

William C. Johnson, a police officer, testified, for plaintiff, as follows: "I got to the scene of the accident about two o'clock. The automobile was partially upon the curb at the northeast corner of Thomas and Garrison. The truck was standing a little north of the center of Thomas street. The front wheels of the truck to the best of my knowledge were just about parallel with the east curb of Garrison."

Frank Morris, the driver of the truck, testified, for defendant, as follows: "As I came eastwardly on Thomas street towards Garrison avenue, I was driving the...