Fields v. Sevier

• Citation: 171 S.W. 610
• Decision Date: 01 October 1914
• Docket Number: No. 10872.,10872.
• Parties: FIELDS v. SEVIER.
• Court: Court of Appeal of Missouri (US)

171 S.W. 610

FIELDS v. SEVIER.

No. 10872.

Kansas City Court of Appeals. Missouri.

October Term, 1914.

1. HIGHWAYS (§ 184) — FRIGHTENING HORSES — AUTOMOBILES — QUESTION FOR JURY.

In an action for injuries to the occupant of a buggy, resulting from an automobile coming up behind the buggy, whereby the horses were frightened and ran away, evidence held sufficient to take the question of defendant's negligence to the jury, as against a demurrer to the evidence.

2. HIGHWAYS (§ 184) — AUTOMOBILE FRIGHTENING HORSES — PLEADING — INSTRUCTION.

In an action for injuries to the occupant of a buggy caused by an automobile frightening the horses, a petition alleging that defendant, with an unobstructed view, drove his automobile almost upon, and within a few feet of, the buggy,

without slackening speed and without warning, thereby frightening the team, charges negligence in suddenly coming upon the buggy, as well as negligence in failing to give warning, so that an instruction, that, if the jury believed the defendant negligently drove his car upon, or so near, the buggy as to frighten the team and thereby injure plaintiff, then they should find for plaintiff, is correct.

3. HIGHWAYS (§ 184) — FRIGHTENING HORSES — PLEADING — INSTRUCTION.

A petition alleging that defendant drove his automobile almost upon plaintiff and frightened her team authorizes an instruction that it was defendant's duty to keep a lookout for plaintiff and to stop when necessary to prevent injury.

4. HIGHWAYS (§ 184) — FRIGHTENING HORSES — INSTRUCTIONS.

In an action for injuries to the occupant of a buggy caused by an automobile frightening the horses, in which defendant claimed that he gave warning of his coming, an instruction, that, if defendant approached the buggy from the rear and failed to stop his automobile soon enough to prevent frightening the horses, and thereby caused the runaway, the plaintiff could recover, is erroneous, as authorizing a recovery without showing negligence.

5. HIGHWAYS (§ 181) — AUTOMOBILES — FRIGHTENING HORSES.

The failure of an automobile, approaching a buggy slowly from the rear without warning, to stop would not be negliegnce, unless the driver of the automobile saw, or should have seen, that the horses were frightened.

Appeal from Circuit Court, Sullivan County; Fred Lamb, Judge.

Action by Deoma Fields against J. D. Sevier. From a judgment for plaintiff, defendant appeals. Reversed and cause remanded.

E. F. Nelson, of Jefferson City, and Jno. W. Bingham, of Milan, for appellant. Jno. W. Clapp and J. M. Wattenbarger, both of Milan, for respondent.

TRIMBLE, J.

Respondent and her 16 year old son were riding south along a country highway. They were in a topless buggy, to which was hitched a team of horses driven by the boy. Appellant approached from behind in an automobile. The team became frightened, plunged forward, and then swerved to the right, causing the buggy to topple into the ditch, throwing the occupants out of the vehicle, after which the team ran away.

Respondent thereupon brought this suit to recover $500 damages for personal injuries alleged to have been received as a result of the above occurrence. Her petition alleges, that although defendant's view along the road was unobstructed, so that he could and did see her going in the same direction the automobile was going, yet appellant carelessly, recklessly, negligently, and without regard for the safety of plaintiff and her son, and with full knowledge of their perilous situation, drove said automobile almost upon and within a few feet of said buggy without slackening speed, and without giving warning or notice of his approach, thereby frightening the team and causing plaintiff to be thrown out and injured. The jury returned a verdict for respondent and appellant brings the case here.

Respondent's testimony tended to prove that she was sitting on the east side of the buggy with her body fronting south but with her face turned to her son who was sitting on her right and driving; that one of the horses suddenly took fright and plunged forward, and she looked back to see what was the cause, and, for the first time, became aware of the approach of the automobile, which was coming directly behind her, and not out to one side of the road; that the automobile approached within 25 or 30 feet of the buggy, and then the frightened team jumped or swerved into the ditch, throwing her and her son out, after which the team ran away. The evidence offered in her behalf tends to show that no warning was given of the approach of the car.

Appellant testified that when he was at least 100 feet behind the buggy he gave one "honk" of his horn, whereupon the boy in the buggy looked back, and turned his team out to the...