Masters v. Cardi

Decision Date21 April 1947
Citation186 Va. 261,42 S.E.2d 203
PartiesMASTERS. v. CARDI et al.
CourtVirginia Supreme Court

Error to Circuit Court, Smyth County; Walter H. Robertson, Judge.

Actions by Lillian R. Cardi and Lucy Cardi, an infant, etc., against Marie E. Masters for injuries sustained in automobile accident. Judgments for the plaintiffs, and the defendant brings error.

Judgment affirmed.

Before HOLT, C. J., and HUDGINS, GREGORY, EGGLESTON, SPRATLEY, and BUCHANAN, JJ.

Jones & Woodward, of Bristol, for plaintiff in error.

Ralph R. Repass and Francis M. Hoge, both of Marion, for defendants in error.

GREGORY, Justice.

The record embraces two cases which were tried together before a jury. Verdicts and judgments were rendered for the plaintiffs, Mrs. Lillian R. Cardi, and her daughter, Miss Lucy Cardi, both residents of Cranston, Rhode Island, Mrs. Marie E. Masters, a resident of Los Angeles, California, was the defendant.

Mrs. Masters and her daughter, Mrs. L. L. Meyers, had left their home in California and gone to Davisville, Rhode Island, where Mr. Masters, the husband and father, was stationed as a member of the C. B.'s, the construction battalion of the United States Navy. He was expecting to be sent overseas. While at Davisville, Mrs. Masters and her daughter were employed in the Navy Ship service store in order to help pay their expenses. Miss Cardi was also employed at this same place.

Mrs. Masters received a telegram on April 17, 1944, informing her of the death of her father in California, which occurred on the preceding day. However, she wished to be with her husband as long as possible and wired her brother that she would not be there for the funeral. Four days later Mr. Masters, was sent overseas. Mrs. Cardi's mother also lived in California, and her son was in a hospital in Abilene, Texas. Miss Cardi arranged for herself and her mother to go with Mrs. Masters and her daughter to California. The trip was planned so that they would pass through Abilene, Texas, which meant that they would go a considerable distance out of the way in order that Mrs. Cardi might visit her son who was in the hospital there. Accordingly, the party left Cranston, Rhode Island, about eleven p. m. on Saturday, April 22, 1944, in a 1939 Plymouth four-door sedan, in good condition, which belonged to Mrs. Masters. In the party were Mrs. Masters, her daughter Mrs. Meyers, Mrs. Lillian Cardi, her daughter Lucy Cardi, and a daughter-in-law of Mrs. Cardi, who is Mrs. Clara Cardi-five persons in all.

Mrs. Masters was in a hurry to get to California in a short time because they were holding the burial of her father for her arrival. She had important papers in her lock box in California to which she had the key. She drove the car from the time they left Cranston, Rhode Island, on Saturday night at eleven p. m. until nine a. m. Sunday morning when she was relieved by Mrs. Clara Cardi, who drove until 12:30 p. m. Sunday, at which time they had reached Philadelphia, where they stopped for midday dinner. After this Mrs. Masters drove again from two p. m. Sunday until about eleven p. m. Sunday night when they reached Staunton, Virginia, where they stopped for the night. The weather was bad when they left Rhode Island, and on Sunday it was quite foggy and raining just a little. On Monday morning at 7:30 the party left Staunton and Mrs. Masters was driving. It was raining very hard and continued to rain all day until the time of the accident which occurred near Atkins, Virginia. The road was very wet. From 7:30 in the morning until about 1:30 in the afternoon Mrs. Masters continued to drive, and her speed was estimated at from 50 to 55 miles an hour during that time. The war-time speed limit which was then in force was 35 miles per hour.

The windows of the car were closed and just before the accident were "all steamed up", and there was considerable smoke in the car due to the fact that three of the occupants had been smoking. The rain was falling so fast and in such large drops that one could scarcely see through the windshield, though the windshield wipers were working. One of the witnesses said, "It was raining so hard it didn't matter whether you had a windshield wiper or not." Another witness said that the windshield wipers did not clear the vision through the windshield. She also said, "The windows were all smoky and you couldn't see where you were going."

About two and half miles before the scene of accident was reached they overtook and passed a Ford car driven by Garland Hedrick. He was driving 35 miles per hour at the time and was checking his speedometer closely from time to time. After they passed the Hedrick car Mr. Hedrick did not see them again until he noticed the wreck on the side of the road about 30 yards before he reached it.

At the time of the accident the testimony shows that Mrs. Masters was driving from SO to 55 miles per hour. Mrs. Lillian Cardi warned Mrs. Masters three times on Monday morning between Staunton and the point of accident that she was driving too fast. Mrs. Masters reassured her that nothing was going to happen and stated "don't be afraid." Miss Cardi warned her that she was going too fast just after they left Staunton and again just before the accident, to which Mrs. Masters replied, "Don't worry, I can drive all right."

The highway at the scene of accident is straight and level. The surface of the macadam is about 20 feet wide and there is a smooth shoulder on each side of the highway. On the south side of the highway there is a steep bank some twelve feet high. The right wheels of the defendant's car were driven off the north side of the hard surface on to the shoulder for some eight or ten feet. Then the defendant cut her steering wheel to the left and the car swung sharply to the south side of the highway, climbed part of the way up the 12-foot bank, and ran along the bank in a westerly direction for 47 steps, then rolled over and down the bank and came to rest. The car was badly damaged. In a short time Mr. Hedrick had reached the scene and he rescued all the occupants and carried them to the hospital in Marion. The plaintiffs were seriously injured.

There are two issues presented by the assignments of error. One involves the propriety of the court in submitting to the jury by an instruction the violation by the defendant of the 13-hour driving statute, Virginia Code, 1942 (Michie), sec. 2154 (137). The other issue is whether or not the evidence is sufficient to support the verdicts.

It is conceded by the defendant that the evidence is sufficient to support a finding that she drove more than 13 hours out of the 24 hours immediately preceding the accident, which was contrary to the statute. There was ample evidence to sustain the finding that the defendant was exceeding the 35-mile speed limit which was in effect at the time. Code, 1942(Michie), sec. 2154 (109) (b) (5).

The purpose of limiting the number of hours one is permitted to operate a motor vehicle on the highways is to increase the safety of life, limb and property. The law recognizes that there is a limit to the strength and endurance of everyone. It is common knowledge that one whose strength and endurance have been worn down by long and excessive driving is not as active and alert as he should be to operate properly his automobile. His sensibilities and reactions are dulled and he may not perceive and comprehend dangerous situations as keenly as he might if he had not driven for so long a time.

The purpose of the 35-mile speed limit is stated in the title to the Act. (See Acts Extra Session 1942, pp. 7-9.) It is, among others, to insure greater safety and security on the highways.

The evidence discloses that the violation...

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