McGehee v. Hines
| Decision Date | 03 December 1929 |
| Docket Number | 517 |
| Citation | 124 So. 846,12 La.App. 13 |
| Court | Court of Appeal of Louisiana — District of US |
| Parties | McGEHEE v. HINES |
Appeal from District Court, Parish of East Baton Rouge. Hon. George K. Favrot, Judge.
Action by Thaddis A. McGehee against D. E. Hines.
There was judgment for plaintiff, and defendant appealed.
Judgment affirmed.
Daspit Huckabay & Blanche, of Baton Rouge, attorneys for plaintiff appellee.
J Oliver Bouanchaud, of Baton Rouge, attorney for defendant appellant.
The Louisiana highway commission, engaged in grading the highway known as the Bayou Sarah road, 10 or 15 miles north of Baton Rouge, was using for the purpose a motor truck and two graders, one of which was being pulled by the truck behind the other. The road machinery was moving along the road southward toward Baton Rouge; the rear or hindmost grader operated by the plaintiff, Thaddis A. McGehee.
The defendant, driving his automobile on the road in the same direction, overtook the grading outfit and collided with it.
The plaintiff alleges: That defendant, driving negligently, carelessly, recklessly, and at a dangerous and rapid rate of speed, drove his automobile head on into the back end of the rear grader, which he was operating, striking it with such force and violence that plaintiff was thereby forced to change his position on the machine. That defendant did not cut off his motor at the time of the first collision, with the result that his automobile struck again, this time hitting plaintiff on the hip. That plaintiff suffered, as a result of the blow, the dislocation of a bone in his back and a strain of the ligaments. That he is required to wear a belt and brace in order to keep his injured members in proper place. That his injury is permanent and has incapacitated him from doing heavy manual labor. That he has suffered severe physical pain and lost wages, all on account of his injury received as above said.
Defendant, in his answer, admits that a collision between his automobile and the grader operated by plaintiff took place, but denies the fault, negligence, and recklessness alleged against him. He denies that plaintiff was injured, and, if injured, the extent of same.
The evidence of the plaintiff and his witnesses and that of the defendant and his witness is conflicting in regard to the main facts of the case. The defendant, as a witness, denied that plaintiff was struck and injured as the result of the collision, but subsequently, on cross-examination, admitted having done so:
The testimony of the plaintiff, supported by his fellow workers, and the conflicting denial and admission of the defendant, leads to the conclusion that plaintiff was struck by defendant substantially as alleged in his petition.
Defendant contends, as a witness, that the grader which the plaintiff was operating was on the left-hand side of the road, and that same obstructed his passage on both sides of the road. We are...
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Cronin v. Shell Oil Co.
...and such reasonable lookout ahead as would provide for the contingency of the sudden stopping of the car in front of him. McGehee v. Hines, 12 La.App. 13, 124 So. 846, is in point. In that case the complaining party took no precaution. He carelessly drove his automobile into the rear end of......
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Mobry v. Frazier
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