Hooks v. General Storage & Transfer Co., 4-3038.

• Decision Date: 25 September 1933
• Docket Number: No. 4-3038.,4-3038.
• Court: Arkansas Supreme Court
• Parties: HOOKS v. GENERAL STORAGE & TRANSFER CO.

63 S.W.2d 527

HOOKS v. GENERAL STORAGE & TRANSFER CO.

No. 4-3038.

Supreme Court of Arkansas.

September 25, 1933.

Rehearing Denied October 30, 1933.

Appeal from Circuit Court, Pulaski County, Second Division; Richard M. Mann, Judge.

Suit by Chester Hooks against the General Transfer & Storage Company. From a judgment for defendant, plaintiff appeals.

Reversed and remanded.

This suit was instituted by appellant in the Pulaski county circuit court against appellee to compensate an alleged injury received by appellant in an automobile collision, which occurred on the 21st day of May, 1932, at the intersections of Main street and Washington avenue in North Little Rock.

The testimony in reference to the collision introduced on behalf of appellant in the trial court was to the effect: Appellant testified that between 9 and 10 o'clock a. m. on May 21, 1932, he was traveling south on Main street in his ice truck and proceeded in this direction until he came to the intersection of Main street and Washington avenue, at which point he stopped his truck and looked in all directions for approaching traffic; that it was his purpose to turn east on Washington avenue and proceed to an ice plant, located near by, to get a supply of ice for delivery to his customers; that when he stopped, he observed appellee's truck about midway of the block on Washington avenue going in an easterly direction, thereupon he proceeded to drive his truck into the intersection and turn to the left to proceed east on Washington avenue, and about the time he made the turn appellee's truck struck the rear of his truck violently; that appellee's truck was loaded with cotton. Appellant further testified that the first he knew after the collision was after he had reached home; whereupon he was sent to the hospital, where he remained about six weeks. That when he regained consciousness, he was suffering severe pain and has suffered such pain since the injury.

Dave Hooks, the father of appellant, testified that the truck driven by appellant, May 21, 1932, was badly damaged; that the steering wheel was broken, the column around the steering rod was broken, seven spokes were broken in the left rear wheel, the rear axle was bent, and the front axle sprung; that on the afternoon of the collision and the next day all the damages to the truck were repaired. That since the injury appellant has not been able to do any kind of work.

H. W. Hewgley, a witness on behalf of appellant, testified that he saw the collision between appellant's truck and appellee's truck; that he caught up with appellee's truck before it got to the end of the bridge and started around it when it picked up speed and he was forced to drop back behind it; that the transfer truck was running 25 or 30 miles per hour at the time. He knows that because he undertook to go around the truck and the driver speeded up and prevented him from going around it; that a negro was driving the transfer truck and there were three or four other occupants in the truck with him; that the driver of the transfer truck did not stop or slacken its speed before the collision; that there was nothing to obstruct the view of the driver of the transfer truck; that he went to the scene of the accident; the driver of the transfer truck started to run, but the policeman stopped him. If the driver of the transfer truck applied his brakes, he could not tell any difference in its speed. The ice truck was knocked about ten feet by the impact of the transfer truck, and that the impact of the collision was pretty great.

Charles Schlosberg testified, in behalf of appellant: That he saw the collision between the ice truck and the transfer truck on May 21; that the transfer truck looked like it was going pretty fast for a truck; that the reason he took an interest was because he thought it would hit the ice truck and witness' car, and witness hollered, "Look out!" The negro grabbed his emergency brake and the next thing he knew he hit him. That there was nothing to keep the negro from swerving the transfer truck to the left and going around the ice truck. A tire on the ice truck was smashed and looked like it was cut. He did not examine the tire. The ice truck was knocked off around the corner. That the transfer truck was running faster than ten miles per hour.

George C. Davis, another witness on behalf of appellant, testified: That on the day of the collision he was a policeman on the North Little Rock force; that he saw the collision just after the crash. That at the time of the collision, he was about a half block away. He saw the transfer truck prior to the injury between Main and Maple streets; that the transfer truck was running a little fast and this attracted his attention. He turned around to talk to some one and heard the crash. When he reached the scene of the accident to make an investigation, the hind wheel of the ice truck was in behind the bumper of the transfer truck and he had a little trouble in getting them separated. From the marks on the pavement, the trucks hit about five feet from the curb. He judged this from the skid marks on the pavement. The ice truck was south of the center line of the street. That there was not anything to have kept the transfer truck from swerving to the left at the time of the collision. Witness told the driver of the transfer truck to get his...