Meredith v. Arkansas Louisiana Gas Co

• Decision Date: 04 November 1938
• Docket Number: 5746
• Citation: 185 So. 498
• Court: Court of Appeal of Louisiana — District of US
• Parties: MEREDITH v. ARKANSAS LOUISIANA GAS CO

185 So. 498

MEREDITH v. ARKANSAS LOUISIANA GAS CO

No. 5746

Court of Appeal of Louisiana, Second Circuit.

November 4, 1938

Foster, Hall, Barret & Smith, of Shreveport, for appellant.

Blanchard Goldstein, Walker & O'Quin and Ben C. Dawkins, Jr., all of Shreveport, for appellee.

OPINION

DREW Judge.

This is a suit for personal injuries and property damage alleged to have been sustained by plaintiff due to the fault of the defendant's agent in a collision between plaintiff's automobile and a truck owned by the defendant at the intersection of Kings Highway and Barret streets in the city of Shreveport, at approximately 8:15 A. M., April 7, 1937. The lower court rejected the demands of plaintiff and he prosecutes this appeal.

Barret street runs north and south while Kings Highway runs east and west. Plaintiff was traveling north on Barret and defendant's truck was proceeding east on Kings Highway. Plaintiff was therefore entering the intersection from the right of defendant's truck driver and, as neither street is a favored one under the law, plaintiff had the right of way, under Act 21 of 1932, Title 2, §3, Rule 11 (a), if both vehicles reached the intersection at approximately the same time.

The two vehicles were traveling at comparatively the same rate of speed and neither was violating the speed limit fixed by law. After the accident, plaintiff's car was jammed against a telephone pole located at the northeast corner of the intersection, and the defendant's truck was turned on its side against the car. There were only two eyewitnesses to the accident, namely, the plaintiff and the driver of defendant's truck. The truck driver testified as follows:

"Q. Mr. Scales, you are one of the defendants in this case? A. Yes.

"Q. You were driving the truck at the time of the accident which is the subject of this suit? A. Yes, sir.

"Q. Who came into the intersection first, you or the car which was being driven by Mr. Meredith? A. I did.

"Mr. Hall: If the Court please, Mr. Scales is not a defendant in this suit.

"Q. You are not a defendant in this case? I was mistaken. A. That is right.

"Q. How far had you gotten into that intersection before the collision occurred? A. Just a little past the middle of the intersection.

"Q. When did you first see the car driven by Mr. Meredith? A. Just after I entered the intersection of the street.

"Q. Did he see you? A. Not that I know of.

"Q. Did you hit his car or did his car hit you? A. His car hit me.

"Q. What happened to your truck? A. I turned the front wheels to the left and his car hit into my front wheels.

"Q. What front wheels? A. Right at the right front wheel.

"Q. What happened to your truck? A. It turned over on its right side. * * *

"Q. How far was Mr. Meredith's car up the street when you saw it? A. Some twenty or thirty feet.

"Q. Did he make any attempt to stop his car in any manner? A. Not that I saw.

"Q. Would you have seen it? A. I think I would have.

"Q. Did he put on his brakes? A. I could not tell that he did.

"Q. He was driving a 1931 Chevrolet? A. I don't know what model it was. I noticed it was a Chevrolet, but I did not know what model it was.

"Q. How fast were you driving at the time of the accident? A. From 18 to 20 miles an hour.

"Q. I believe you have stated that you were going east on Kings Highway? A. Yes.

"Q. And he was going north? A. On Barret.

"Q. On Barret Place. What did you say was the point of contact between the truck and the car? A. His front wheel or fender or bumper hit the right front wheel of the truck.

"Q. How fast was he driving down the street, could you estimate it? A. I do not know, sir.

"Q. Did you see Mr. Meredith after the accident? A. Yes.

"Q. Did you look into his car? A. Yes.

"Q. Did you find anything in there? A. I looked in to see if he was pinned in in any way and I saw that he wasn't and I asked him if he was badly hurt. All he ever said was "take me to 2760 Barret Place'.

"Q. Did you find anything in the car? A. I did not."

When called on cross-examination at the beginning of the trial, he testified as follows:

"Q. All right. Will you tell just how that accident happened? A. I was going east on Kings Highway and the other car was going north on Barret.

"Q. You are speaking of Mr. Meredith's car? A. Yes, sir.

"Q. He was going north on Barret. Was that toward the downtown part of Shreveport? A. Yes, sir.

"Q. All right, go ahead. A. I saw him coming up there pretty fast. I don't know just how fast he was coming up there but it didn't look like he was going to stop and I threw on my brakes and turned the wheels of my truck to the left to try to give him room to get by.

"Q. Now, wait a minute. In the answer to this case it is set up by the defendant as follows: (reading) "Further answering, defendant shows that the truck, being driven by Joe Scales, entered the intersection of Barret street and Kings Highway and had crossed more than one-half the distance of the intersection, while driving on his right hand side of the street, when struck by the car being driven by plaintiff', that is Mr. Meredith, "and if there was any negligence whatsoever on the part of Joe Scales, which is denied by defendant, defendant shows that plaintiff had the last clear chance to avoid the accident.' In other words, it is set up here in the answer that you were driving on the right hand side of Kings Highway, the way you were going? A. Yes.

"Q. And that Mr. Meredith's car struck you, is that correct? A. Yes.

"Q. What part of your truck did he strike? A. Right at the front wheel.

"Q. Right at the front wheel, What part of his car struck the truck? A. It was either the front wheel or fender right at the front part of his car.

"Q. Right at the front part of his car? A. Yes.

"Q. His left front wheel? A. Yes, that would be his left front wheel.

"Q. His left front wheel or his left front fender hit your truck? A. Yes.

"Q. What part of your truck did it hit? A. Hit right at the front wheel.

"Q. Hit right at the front wheel. Hit right at your right front wheel? A. Yes, sir.

"Q. You are positive, as set forth in your answer, that his car hit your truck? A. Yes, sir.

"Q. That is all."

Plaintiff testified as to the accident as follows:

"Q. Describe to the court what happened when you reached the intersection of Barret and Kings Highway. A. When I reached the intersection, there wasn't any automobile in sight. I started into the intersection and did enter it and there was the truck coming. It got within at least 30 or 35 feet from me on Kings Highway. I blew my horn because I knew the driver didn't see me, he was looking back, and he hit me as I crossed Kings Highway on Barret.

"Q. Relative to the center of the intersection, where was your car when it was struck? A. When it was struck by the truck?

"Q. Yes. A. It was on the north end of Barret and Kings Highway.

"Q. Where did the truck strike your car? A. It struck me practically in the center.

"Q. In the center of what? A. In the center of my automobile; right in between the door.

"Q. You mean the center of the front, back or sides? A. Well, it was the center of the automobile from the front to the back. Right in the front of the door.

"Q. You mean it struck you half-way between the front of the car and the back of the car? A. Yes, sir.

"Q. Did your automobile hit the truck with its front end? A. No, sir.

"Q. How fast were you going, Mr. Meredith? A. I was going practically 15 miles an hour."

On cross-examination, he testified as follows:

"Q. You say the truck hit you right square in the middle? A. Yes.

"Q. Where were you in the street when the truck hit you? A. On the north end of Barret.

"Q. And it hit you right square? A. Yes, right in the center.

"Q. Right in the center. With both front wheels? A. Yes.

"Q. It was driving directly at a right angle to the way you were going and just hit you right in the middle? A. Driving east on Kings Highway.

"Q. He hit you square and was driving at a right angle to you? A. He cut in; looked like he was trying to go up Barret.

"Q. Oh! He cut in! He didn't hit you square then. A. Yes, he hit me square."

Immediately after the accident, a Mr. Jennings happened at the scene and took six kodak pictures showing the position of the vehicles involved in the wreck. The photographs were offered in evidence. Other pictures were offered in evidence showing the intersection and also the front of plaintiff's car. The photograph of the front of plaintiff's car discloses beyond any doubt that there was no injury to it, the headlights, radiator, bumper, left fender, left front wheel and hub-cap were all intact, and all refute beyond dispute the testimony of defendant's truck driver that plaintiff's car ran into his truck.

The shop foreman of defendant company, who supervised and repaired the front of defendant's truck, testified that the radiator on the truck was mashed and ruined and a new one had to be put on; also that the front bumper was knocked off the truck. The condition of the truck, according to defendant's own witnesses, clearly discloses that the front end of it struck plaintiff's car. There was nothing else for it to strike, as plaintiff's car was between the truck and the telephone pole, and it is not contended that the truck turned over other than on its side, which could not have caused the damage to the radiator.

We are of the opinion that these facts corroborate beyond doubt the testimony of plaintiff that he entered the intersection before defendant's truck entered it and that defendant's truck ran headon into the center side of his car after he was at least, if not more than, half way across the intersection. Plaintiff had the right of way by law for two reasons; (1) he reached the intersection before...