Dean v. Century Motors, 8946.

Citation81 US App. DC 9,154 F.2d 201
Decision Date04 March 1946
Docket NumberNo. 8946.,8946.
PartiesDEAN v. CENTURY MOTORS, Inc., et al.
CourtUnited States Courts of Appeals. United States Court of Appeals (District of Columbia)

Mr. Ward B. McCarthy, of Washington, D. C., with whom Mr. Dorsey K. Offutt, of Washington, D. C., was on the brief, for appellant.

Mr. William R. Lichtenberg, of Washington, D. C., with whom Mr. Samuel Barker, of Washington, D. C., was on the brief, for appellees. Messrs. Joseph Bulman and Joseph Luria, both of Washington, D. C., also entered appearances for appellees.

Before GRONER, Chief Justice, and CLARK and WILBUR K. MILLER, Associate Justices.

WILBUR K. MILLER, Associate Justice.

The appellant, Esther L. Dean, was seriously injured about 1 a. m. on May 12, 1943, when the automobile she was operating ran into the side of a taxicab owned by Century Motors, Inc., one of the appellees, which was being operated by Cyril T. Mitchell, the other appellee. The collision occurred at the intersection of Louisiana and New Jersey Avenues, N. W., in the City of Washington.

Mrs. Dean sued the appellees in the District Court of the United States for the District of Columbia to recover damages. A trial resulted in a verdict for her in the sum of $15,000. The judgment pursuant to the verdict was set aside because the presiding justice became convinced that he had committed prejudicial error in giving an instruction on the doctrine of last clear chance. Thereafter, a second trial was had, the appellant's prayer for a last clear chance instruction was rejected, and the jury found for the appellant in the sum of $1,500.

The case is before us on the appeal of the appellant-plaintiff, who asserts that the lower court erred in refusing to instruct on last clear chance, and that the verdict was against the evidence because of inadequacy in the amount of damages.

We find it clearly established by the evidence that the collision occurred about 1 o'clock on a rainy morning; that the appellant was proceeding eastwardly on Louisiana Avenue, which is 87 feet wide, and that the appellee was proceeding southwardly on New Jersey Avenue, which is 62 feet wide; that the collision occurred at a point about 27 feet from the west curb line of New Jersey Avenue and 55 feet from the north curb line of Louisiana Avenue. The physical condition of the automobiles after the accident showed that appellant's car was the striking vehicle. Traffic lights were not operating. The intersection was fairly well illuminated by street lights. As to the speed of the cars and as to whether appellant's lights were turned on, there is conflict in the evidence.

From the location of the point of impact, we learn that appellant's car had gone 27 feet into the intersection and that the appellee's cab had gone 55 feet into the intersection when they collided. The appellant says that she entered the intersection at "not more than 20 miles an hour." She attributes a speed of from 35 to 40 miles an hour to the cab, which she saw for the first time as she entered the intersection, although...

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31 cases
  • Lucero v. Torres, 6535
    • United States
    • New Mexico Supreme Court of New Mexico
    • April 4, 1960
    ...462, 112 P.2d 838.' See, also, Lapuyade v. Pacific Employers Ins. Co., 5 Cir., 1953, 202 F.2d 494. Compare Dean v. Century Motors Inc., 1946, 81 U.S.App.D.C. 9, 154 F.2d 201; see, also, Werner v. Schrader, 127 Colo. 523, 258 P.2d Appellant relies on Merrill v. Stringer, 58 N.M. 372, 271 P.2......
  • Lallatin v. Terry, 8712
    • United States
    • United States State Supreme Court of Idaho
    • June 5, 1959
    ...663; Menke v. Peterschmidt, 246 Iowa 722, 69 N.W.2d 65; Hatfield v. Sargent's Adm'x, 306 Ky. 782, 209 S.W.2d 306; Dean v. Century Motors, 81 U.S.App.D.C. 9, 154 F.2d 201. However, the instruction was not prejudicial to plaintiffs. It preserved in them a right to recover, even though the dec......
  • United States v. Morow, 10444.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • June 12, 1950
    ...would also go beyond the rule which has been followed in cases governed by the law of this jurisdiction. See Dean v. Century Motors, Inc., 1946, 81 U.S.App.D.C. 9, 154 F.2d 201. II. The findings of the District Court are not sufficiently comprehensive to warrant us in directing the entry of......
  • Rankin v. Shayne Brothers, Inc., 12436
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • April 23, 1956
    ...83, 219 F.2d 765; National Homeopathic Hospital v. Hord, supra; Frasca v. Howell, 87 U.S.App.D.C. 52, 182 F.2d 703; Dean v. Century Motors, 81 U.S.App.D.C. 9, 154 F.2d 201; Ramsey v. Ross, 66 App. D.C. 186, 85 F.2d 685; cf. Hulett v. Brinson, D.C.Cir., 229 F.2d 22. And in Fairmount Glass Wo......
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