Haley v. Edwards, 43994
| Decision Date | 14 March 1955 |
| Docket Number | No. 43994,No. 2,43994,2 |
| Citation | 276 S.W.2d 153 |
| Parties | S. H. HALEY, Respondent, v. William EDWARDS, Appellant |
| Court | Missouri Supreme Court |
Gayles R. Pine, Warrensburg, for appellant.
John H. Mittendorf, Warrensburg, for respondent.
This is a negligence action wherein plaintiff, S. H. Haley, sought to recover damages by Count I of the petition for injuries to his person, and in Count II thereof for damages to his automobile, which damages were alleged to have resulted from a collision between said automobile and a truck under the control of defendant. The trial resulted in a verdict and judgment in favor of plaintiff for $8,800. From said judgment, defendant has appealed.
The collision in question occurred on June 28, 1952, about 8:00 p. m. or a few minutes thereafter. The scene of the accident was on U. S. Highway 50 about one mile east of Knob Noster, Missouri. Earlier that evening plaintiff and a Mrs. Benson had been in Lamont, Missouri, and at the time of the accident were on their way home, traveling west on Highway 50 toward Knob Noster. They left Lamont about 7:30 p. m. It was dusk at the time. Plaintiff was driving a Plymouth sedan, and as he proceeded homeward drove at a speed of about forty miles per hour. Plaintiff had turned on the lights of his automobile when he left Lamont. It was Saturday night and there were many cars on the highway at the time traveling eastward from Kansas City. Plaintiff testified: Plaintiff did not observe any cars proceeding westwardly in front of him just prior to the collision. Plaintiff's car was equipped with seal beam headlights and as he drove westwardly at the time in question the lights were adjusted to reflect downward. He testified when the lights were on the 'down beam' they would 'show up' on level ground, he imagined, about twenty-five or thirty feet.
One mile east of Knob Noster U. S. Highway 50 intersects with Highway 'D.' Beginning at the intersection, there is a down grade westwardly on Highway 50 for some distance, then a level stretch of road, beyond which is an ascending grade. The accident happened on the level stretch between the two hills, about 150 feet west of the intersection.
According to plaintiff's testimony, the defendant's truck at the time of the accident was unlighted and was parked facing west, partly on the north shoulder of the highway and partly in the north lane of the pavement. Plaintiff stated that it looked to him as though about one-half of the rear end of the truck was on the highway. U. S. Highway 50 at that point is a two lane highway, the concrete portion of which is eighteen feet wide. Plaintiff's car ran into the rear of the defendant's truck.
Plaintiff testified:
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On cross-examination plaintiff stated that at the time he came by Highway 'D' his visibility ahead was 25 or 30 feet, and that he saw defendant's truck when the 'lights showed up on it.'
The truck in question belonged to the defendant's father. It was a ton and a half Dodge truck with a Parkhurst combination grain bed and stock rack sixteen feet long. It had dual wheels. The truck was painted red, except for the end gate which was painted white. The rear end of the truck was 7'10"' wide.
On June 28, 1952, the day of the accident, defendant borrowed the truck from his father for use in harvesting his wheat. He had followed the combine with this truck and at the time of the accident was on his way to Knob Noster with wheat that had been combined that day. There were about 150 or 185 bushels of wheat in the truck at the time.
Plaintiff testified that the color of the truck was a dirty gray, and that he did not think it showed up well from the surrounding territory and the road.
Defendant testified that when he left Lamont he turned on the lights of his truck. There were four red lights on the rear of the truck bed (one at each corner), and a brake light underneath the bed of the truck.
Defendant's purpose in stopping his truck was to examine a highway sign he had just passed which was located at the intersection of Highway 50 and Highway 'D.' At the time he was not sure whether Knob Noster was on Highway 50. He testified that he stopped the truck partly on the shoulder with about two feet of the truck overhanging the pavement. He stopped about 70 steps west of the highway sign. He stated that the shoulder at that point was about six feet wide. He testified that he did not turn off the lights of the truck before going back to look at the highway sign. He stated that the tail lights were lit at the time; that when he returned to the truck after accident the lights were still lit except for the tail light on the left rear which was put out as a result of the collision; that at the suggestion of someone there he turned off all lights on the truck. Shortly after leaving the truck, and while at the highway sign, he heard a crash, and upon looking back saw his truck moving toward the ditch on the right-hand side of the highway. It was light enough then for him to see both vehicles. The truck came to a stop in the ditch on the north side of the highway, about 45 feet from the point of impact. He stated that the Plymouth at the time was in the north lane headed west. He heard no screeching of brakes or sliding of tires before the crash. The point of impact on the truck, according to defendant's testimony, was about one foot from the left-hand corner. Defendant denied he ever made a statement that the lights on the truck were not turned on at the time of the collision. Defendant further testified that there was no traffic coming from the west at the time, and nothing to prevent plaintiff from turning to his left and going around the truck. However, on cross-examination, he testified he was not paying any attention to vehicles being driven along there at the time; that he did not even notice plaintiff's car when it passed him.
Deputy Sheriff Kenneth Sturgis testified that he arrived at the scene of the collision about 8:30 p. m. and found the truck turned over in a ditch on the north side of the road. He stated that there were tire marks made by the truck leading from the yellow line in the north side of the highway to the edge of the pavement. He further testified that he and Trooper Abney took the defendant to his home in Hughesville, Missouri, that evening, and that defendant told him he left the truck parked 'half way on the pavement and halfway on the shoulder and he didn't have his lights on.' Sturgis stated that the dirt shoulder of the highway where the collision occurred was five or six feet wide.
Sheriff Alex Nichols testified that he arrived at the scene of the accident about 8:15 p. m. and observed the truck, parked partly on the highway and partly on the north shoulder, headed in a northwestwardly direction. Plaintiff's car was behind the truck and within the north lane of the highway. It had proceeded four or five feet from the point of impact and its front end was badly damaged. There were no front lights on the Plymouth, but the tail lights and dash lights were lighted. There were skid marks four or five feet in length made by the Plymouth, and leading in the direction of the truck were skid marks which began a little south of the yellow line. He further testified that the defendant told him that the truck had been left without lights with the back end on the north half of the north lane. He stated that the dirt shoulder on the north side of the pavement at the scene of the accident was eight or nine feet in width, and as much as ten or twelve feet wide a few rods to the east.
Homer Wilson testified that he arrived at the scene of the accident between 8:00 and 9:00 o'clock that evening. He stated that plaintiff's car was about 70 or 80 yards west of the intersection of U. S. Highway 50 and Highway 'D', in the north lane, facing west. He observed tire marks on the north side of the...
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