McWilliams v. Shepard

• Decision Date: 06 April 1942
• Docket Number: No. 7942.,7942.
• Citation: McWilliams v. Shepard, 127 F.2d 18, 75 U.S.App.D.C. 334 (D.C. Cir. 1942)
• Parties: McWILLIAMS v. SHEPARD et al.
• Court: U.S. Court of Appeals — District of Columbia Circuit

75 US App. DC 334, 127 F.2d 18 (1942)

McWILLIAMS v.SHEPARD et al.

No. 7942.

United States Court of Appeals for the District of Columbia.

Argued March 10, 1942.

Decided April 6, 1942.

Samuel J. McWilliams, pro se.

Mr. Burton A. McGann, of Washington, D. C., for appellees.

Before GRONER, Chief Justice, and MILLER and EDGERTON, Associate Justices.

PER CURIAM.

This is an appeal from a judgment of the District Court entered upon the verdict of a jury awarding $4,500 and $3,000, respectively, to Ruth Shepard, a minor, and George Shepard, her father, in an action to recover damages for personal injuries resulting from an automobile collision alleged to have been caused by the negligence of appellant.Appellant is a resident of the District of Columbia.Appellees are residents of Connecticut.The accident occurred in Plymouth, Massachusetts.Appellant was driving his own car.AppelleeRuth Shepard was a guest rider in a car driven by a resident of Plymouth.The collision occurred on North Russell Street at the intersection of a driveway from a public parking lot and that street.The car in which appellee was riding was proceeding west along North Russell Street, which at the point of collision is approximately 24 feet wide.The evidence as to how the accident happened is conflicting.That of the appellant is that he drove out of the parking lot in a northerly direction onto North Russell Street; that he stopped at the curb and looked in both directions; that he saw no cars approaching; that he then went forward in second gear at about 5 or 6 miles an hour; that when he was about 8 feet into the street the car in which appellee was riding came around a curve from the east traveling at about 35 or 40 miles an hour; that it veered slightly to the north, but did not slacken its speed; that the two cars collided, the car in which appellee was riding being thrown into a telephone pole on the north curb line of the street.Appellee's evidence was to the effect that the car in which she was riding proceeded about 15 miles an hour in a westerly direction along North Russell Street toward the intersection of the street and the parking lot driveway; that she was watching out and as she approached the intersection there was no car in view; that the collision occurred in the middle of the intersection; and that she was thrown out of the car and taken away in an unconscious condition.

Another witness, who was on the street close to the point of collision, said: "I saw this big car appellant's car coming up South Russell Street, and turned through the Parking Space; I saw the Curtin car the car in which appellee was riding coming up North Russell Street, and in an instant they both came together.* * * As near as I can tell, one was coming up South Russell Street and the...