Downing v. Drybrough

Decision Date13 June 1952
Citation249 S.W.2d 711
PartiesDOWNING v. DRYBROUGHT.
CourtUnited States State Supreme Court — District of Kentucky

Robert E. Hogan, Louisville, for appellant.

Mahan, Davis & Mahan, Louisville, for appellee.

COMBS, Justice.

The appellant, who was plaintiff in the lower court, contends the appellee was negligent in the operation of his parking lot and that by reason of such negligence she was caused to fall and break her arm. The trial court directed a verdict for appellee at the close of the testimony for appellant.

The parking lot in question is located on Fifth Street in Louisville. In order to facilitate the parking of automobiles, the lot is divided into sections or blocks. Each section or block is 20 feet wide. A division strip of concrete coping bisects each section so as to provide a 10-foot lane on each side of the coping. The coping is about 10 inches high and 8 or 9 inches wide. Cars are parked parallel in each lane with the front of each vehicle pointed toward the coping or division strip. Adjacent to each parking lane is a 20-foot aisle which provides a means of ingress and egress for automobiles and for the pedestrians in going to and from their vehicles.

At approximately 8 o'clock on a November evening the appellant and her daughter drove their automobile into the parking lot. The daughter was driving and this was appellant's first visit to the lot. The daughter parked the car in the space designated by the attendant. Appellant got out of the car and instead of going to the aisle through which she had entered, she started toward the aisle on the opposite side of the section. Before reaching the aisle she stumbled on the division strip, fell, and broke her arm.

A sketch showing the physical outlay of the lot was filed by stipulation of the parties. The sketch shows the location of a number of lights around the perimeter of the lot, but counsel for appellant expressly declined to stipulate any facts concerning the candlepower or illuminating qualities of the lights. Appellant testified it was dark in the lot, 'and that's how come me to fall.' She testified she didn't know anything about the lights.

No Kentucky case directly in point has been cited in the briefs, and we have found none. The appellant relies strongly on McFarland v. Sears, Roebuck & Co., Mo.App. 91 S.W.2d 615. The appellee relies just as strongly on Brooks v. Sears, Roebuck & Co., 302 Mass. 184, 19 N.W.2d 39, 41. Except for the difference in the lighting of the premises, the material facts in both cases are very similar to the facts here. In the Brooks' case the accident occurred at dusk but, as stated in the opinion, 'the plaintiff could see perfectly well.' It was held that a directed verdict for the defendant should have been given. In the McFarland case the accident occurred at 8 p. m. in the month of January and, as we read the opinion, there was no contention the premises were properly lighted. It was held that the issue of defendant's negligence was a question for the jury.

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14 cases
  • Alabama Great Southern R. Co. v. Bishop
    • United States
    • Alabama Supreme Court
    • June 14, 1956
    ...R. Co. v. Baum, 249 Ala. 442, 31 So.2d 366; Capital Motor Lines v. Gillette, supra; New York Life Ins. Co. v. Jones, supra; Downing v. Drybrough, Ky., 249 S.W.2d 711; Burton v. Horn & Hardart Baking Co., 371 Pa. 60, 88 A.2d 873; Ming v. City of Jackson, 202 Miss. 260, 31 So.2d 900; District......
  • Hopkins v. Sefton Fibre Can Co.
    • United States
    • Missouri Court of Appeals
    • May 18, 1965
    ...collisions. * * *' Nor are such dividers inherently dangerous or unsafe obstructions. On that point it was stated in Downing v. Drybrough, Ct.App.Ky., 249 S.W.2d 711, 712, 'The appellee insists that the division strip was not a dangerous or unsafe obstruction. We agree that it was not of it......
  • Horne v. Precision Cars of Lexington, Inc., No. 2002-SC-0104-DG.
    • United States
    • United States State Supreme Court — District of Kentucky
    • September 22, 2005
    ...invitees using the premises. In both Cantrell v. Hardin Hospital Management Corp., 459 S.W.2d 164, 165 (Ky.1970), and Downing v. Drybrough, 249 S.W.2d 711, 712 (Ky.1952), the fact that the accident occurred at night in a poorly-lighted parking lot was held to create a jury question as to li......
  • Hargadon v. Louisville & N. R. Co.
    • United States
    • United States State Supreme Court — District of Kentucky
    • December 6, 1963
    ...intersection,' more dangerous than normal. Counsel recognize that this type of testimony was held inadmissible in Downing v. Drybrough, Ky., 249 S.W.2d 711 (1952), but express the hope that we are ready to recant, fulfilling Wigmore's prophecy that 'the opinion rule will in substance disapp......
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