Galloway v. Wyatt Metal & Boiler Works

• Citation: 189 La. 837,181 So. 187
• Decision Date: 04 April 1938
• Docket Number: 34724
• Parties: GALLOWAY (SOUTHERN UNDERWRITERS, Intervener) v. WYATT METAL & BOILER WORKS
• Court: Supreme Court of Louisiana

181 So. 187

189 La. 837

GALLOWAY (SOUTHERN UNDERWRITERS, Intervener) v. WYATT METAL & BOILER WORKS

No. 34724

Supreme Court of Louisiana

April 4, 1938

Rehearing Denied May 2, 1938

Judgment of Court of Appeals annulled and defendant's exceptions to the jurisdiction overruled and case remanded to district court with directions.

Irion &amp Switzer, of Shreveport, for relators J. H. Galloway and Southern Underwriters.

Wilkinson Lewis & Wilkinson, of Shreveport, for respondent Wyatt Metal & Boiler Works.

OPINION

ROGERS, Justice.

This case is before us on a writ directed to the Court of Appeal, Second Circuit, to review its opinion and decree, affirming the judgment of the First judicial district court, parish of Caddo, sustaining a plea to that court's jurisdiction ratione personae. 180 So. 206.

The suit is one in personam to recover damages for personal injuries suffered by plaintiff when defendant's truck collided with a truck on which plaintiff was riding, about a mile southeast of the town of Rodessa, in Caddo parish, La.

Defendant, Wyatt Metal & Boiler Works, is a Texas corporation, and, since it has not appointed an agent in this state for the service of process, plaintiff brought suit under Act No. 86 of 1928, as amended by Act No. 184 of 1932, and, as provided in the statute, cited defendant through the secretary of state.

Defendant's plea to the jurisdiction of the court is predicated on its contention that the accident in which plaintiff was injured did not occur on any highway of the state.

Act No. 86 of 1928, as amended by Act No. 184 of 1932, according to its title is, "An act providing for civil process against nonresidents in cases arising out of the operation of motor vehicles within the State of Louisiana."

And in the body of the act it is provided that the acceptance by a nonresident of the rights and privileges conferred by existing laws to operate motor vehicles on the public highways of the state, or the operation by a nonresident or his authorized employee of a motor vehicle on the highways other than under said laws, shall be deemed equivalent to an appointment by the nonresident of the secretary of state as agent for the service of process in any action or proceeding growing out of any accident or collision in which the nonresident, or his authorized employee, may be involved while operating a motor vehicle on such highways.

The accident in which plaintiff was injured occurred on a sandy road which has been in public use for many years. The road runs from the Rodessa-Myra Highway to a large oak tree, which is shown in the photographs in evidence, then curves to the left and continues down to Black bayou. The road also leads to the pumping plant owned and operated by the Magnolia Petroleum Company. A number of persons live along and in the vicinity of the road and it has been and is used by them in going to and from their homes and by the public generally in going to and from the bayou and the oil pumping plant.

Defendant argues that the provisions of Act No. 86 of 1928, as amended by Act No. 184 of 1932, are applicable only to accidents or collisions involving motor vehicles operated by nonresidents or their employees when they occur on a public highway, and that, sincethe evidence shows the accident in which plaintiff was injured occurred on private property or a private road, plaintiff's suit is not sanctioned by the legislative act.

Defendant's argument, which prevailed in the district court and in the Court of Appeal, is founded upon the proposition that Act No. 86 of 1928, as amended, being a law in derogation of common right, must be strictly construed.

But defendant's argument overlooks the obvious purpose for which the law was enacted. It is a matter of common knowledge that the movement of motor vehicles over the public roads and streets is always attended by serious dangers to the general public. And it is not unreasonable to believe that the members of the Legislature, recognizing that the ability to enforce civil as well as criminal penalties is a valuable aid to securing law observance, sought in the interest of the public safety to provide by statute a method for establishing and enforcing the financial responsibility of nonresidents for accidents growing out of the negligent operation of their motor vehicles within the state.

The purpose of the statute is to place nonresident operators of motor vehicles coming into this state on the same basis, with the same obligations, duties, and responsibilities, as resident operators of such vehicles. And the statute effects its purpose by requiring nonresidents to answer for their acts in this state if the causes of action against them arise here, as well as by providing claimants with a convenient means of judicially enforcing their claims.

The construction that defendant seeks to place upon the statute is entirely too narrow, and, if admitted to be correct, will defeat the purpose for which the statute was enacted.

Defendant's argument admits that, if the collision in which plaintiff was injured had occurred on the Rodessa-Myra Highway where it is joined by the road on which the collision actually occurred, the statute would apply and the courts of this state would be vested with jurisdiction of plaintiff's action. But because the accident occurred on the side road rather than on the main highway, defendant's argument denies that the statute applies and that the courts of this state are vested with jurisdiction to hear and determine plaintiff's suit.

The construction of a statute which produces such an unreasonable result cannot be approved. Courts are not required to...