Crocker v. Jett

• Decision Date: 07 April 1936
• Docket Number: No. 23418.,23418.
• Citation: 93 S.W.2d 74
• Parties: CROCKER v. JETT.
• Court: Missouri Court of Appeals

93 S.W.2d 74

CROCKER v. JETT.

No. 23418.

St. Louis Court of Appeals. Missouri.

April 7, 1936.

Rehearing Denied April 28, 1936.

Appeal from Circuit Court, Ste. Gene vieve County; Taylor Smith, Judge.

"Not to be published in State Reports."

Action by Pearl Crocker against Ray Jett. Judgment for the plaintiff, and defendant appeals.

Reversed and remanded.

W. A. Brookshire, of Farmington, for appellant.

J. Arthur Francis, of Ironton, and Arthur T. Brewster, of Pevely, for respondent.

SUTTON, Commissioner.

This is an action to recover damages for injuries alleged to have been sustained by plaintiff in being thrown from the running board of the defendant's automobile. Plaintiff charges in her petition that, while she was standing on the running board of defendant's automobile, he suddenly started the automobile forward, and she was thereby thrown from the running board and so sustained the injuries for which she sues.

The trial, with a jury, resulted in a verdict and judgment for plaintiff for $5,000, and defendant appeals.

At the time of the alleged accident, in which plaintiff claims she was injured, and prior thereto, her husband, Arnold Crocker, was in the employ of the state highway department as a maintenance man. Defendant was at that time employed by the highway department as district foreman; his district consisting of Iron county and St. Francois county. Plaintiff's husband was working under the defendant. There was a maintenance shed at Arcadia belonging to the highway department, located on an old highway just west of state highway 21, which runs north and south. This old highway, which was formerly a part of highway 21, is about 550 feet in length. It runs southwest about 200 feet and thence southeast about 350 feet, and both at its beginning and termination intersects highway 21 on the west. The distance along highway 21 between the two intersections is about 450 feet. The maintenance shed is located on the west side of that part of the old highway which runs southwest. The distance from highway 21 southwest along the old highway to the shed is about 150 feet. The old highway is about 40 feet wide, and has a gravel surface. The maintenance shed fronts south. It was on that part of the old highway which runs southwest from highway 21 to the shed that the alleged accident in which plaintiff claims she was injured occurred.

On the occasion in question, defendant, and plaintiff's husband, who was being transferred, as an employee of the highway department, from Arcadia to Caledonia, were at the maintenance shed checking up the tools in preparation for the transfer. Plaintiff was also there. She was disgruntled because of the transfer. She drove to the place in her car, and parked it somewhere between highway 21 and the maintenance shed on the north shoulder of the old highway, headed southwest towards the shed. Defendant's car was parked south of the shed, headed west. After the tools had been checked over, defendant and plaintiff's husband got into defendant's car to drive to Caledonia. Defendant turned his car around and drove over the old highway northeast toward highway 21.

Plaintiff testified as follows: "I was at the rear of my car as they drove out. I flagged the car as they pulled past to ask where to pick my husband up that evening. Mr. Jett pulled up — he was driving — and when he stopped perfectly still I stepped up on the running board of the car and stuck my head in the window and asked my husband where to pick him up that evening. I don't think he answered me. No sooner than that he started the car — the motor was already running — and whirled me from the car and sent me back fifteen or twenty feet. I whirled and hit the ground with my left foot. I came from behind my car and stepped in the old road to flag Jett down. When he stopped I walked up to the car, and when I laid my hand on the car he pulled up ten or fifteen feet slowly, then he stopped still and I stepped on the running board and put my head in the car. He started without any warning at all. I did not fall. It whirled me around towards the north and sent me back towards the west several feet. I was just back of my car when I got on the ground again. I was not thrown to the ground. I never touched the ground except with my feet, that is all. I did not go to the doctor until the next morning. Eugenia Taul got in my car with me, and we drove to Ironton."

Arnold Crocker testified for plaintiff as follows: "I saw Mr. Jett at the Arcadia maintenance shed. I was being transferred from there to Caledonia. I got in his car with him. He turned the car around and drove northeast toward highway 21. After he turned and started out from the shed and moved up toward highway 21, my wife stepped out and flagged us. He slowly stopped very still, then just gradually drove along slowly. He started up and drove slow and she walked beside the car. He came to a stop and she came on the running board and put her head in front of his breast and she spoke to me on the right. About that time the car jerked from under her and she was whirled and thrown back. Jett drove on then at a rapid speed, and did not afterwards stop until we got to Caledonia, which is about twenty miles from Arcadia. I saw my wife thrown from the car. She was thrown I guess fifteen or twenty feet down the slope. I never asked Jett to stop the car so I could go back and see how bad she was hurt. As we came by she flagged us down. The first time she was walking along beside the car. Jett just stopped still — eased up. She walked along the side of the car ten or fifteen feet; then he stopped still, and she stepped on the car to ask where to pick me up that night. I did not answer her. Mr. Jett never said a word. She just spoke the word, and the car jerked that quick. He went out in high speed. When she stepped on the running board and put her head in the door and leaned over standing on one foot, the car whirled from under her as fast as a Ford could. When the car jerked out from under her, it threw her on the old right of way, and the Ford went out and went north on highway 21 to Caledonia."

Defendant testified as follows: "I was in the employ of the State Highway Department as district foreman. My territory was Iron County and St. Francois County. I recall checking out Arnold Crocker at the Arcadia maintenance shed from the Arcadia district. My car was parked just in front of the shed at the southeast corner facing west. At the time I entered my car I turned to the left and headed back towards 21. Mrs. Crocker was standing behind her car. I drove out, and before I got to her she flagged, and her husband said, `Don't...