Mese v. Summers, 1650

CourtCourt of Appeal of Louisiana (US)
Writing for the CourtOTT, Judge.
Citation170 So. 510
PartiesMESE v. SUMMERS et al
Decision Date07 November 1936
Docket Number1650

170 So. 510

MESE
v.
SUMMERS et al

No. 1650

Court of Appeal of Louisiana, First Circuit.

November 7, 1936


Rehearing denied Dec. 10, 1936.

Johnson & Kantrow, of Baton Rouge, for appellants.

J. O. Bouanchaud and Starring & Walsh, all of Baton Rouge, for appellee.

OPINION

OTT, Judge.

The suit is against Vernon B. Summers, a taxicab driver, and his employer, the Baton Rouge Yellow Cab Company, Inc. for damages alleged to have been sustained by plaintiff in an intersectional collision on December 11, 1935, in the city of Baton Rouge between 6 and 7 o'clock p. m. The total amount of damage claimed is $ 3,748.50, part of which is for damage to plaintiff's car and the remainder for personal injuries sustained by plaintiff and expenses incurred by him on account thereof.

The negligence charged to the cab driver is that he was driving west on Florida street in the city of Baton Rouge on the above date at a dangerous and excessive rate of speed, in excess of 45 miles per hour, when the visibility was poor on account of the rain and darkness; that plaintiff [170 So. 511] was driving his car on Fifth street in a northerly direction across Florida street on his right-hand side of Fifth street, and, before reaching Florida street, he brought his car almost to a stop, looked both ways, sounded his horn, and entered the intersection of Florida and Fifth streets in a slow and cautious manner and proceeded across Florida street; that, when his car had passed the center of the intersection, the car driven by the cab driver, coming from the east on Florida street at an excessive rate of speed, ran into the right front fender of plaintiff's car, near the northeast corner of the intersection, knocking his car some 150 feet west, and causing the damage claimed.

Defendants deny that the cab driver was guilty of any negligence, and, in the alternative, allege that the accident was caused by the negligence and carelessness of the plaintiff in driving across Florida street on Fifth street at an excessive rate of speed, in failing to observe and respect the cab driver's right of way on Florida street, and in failing to see the cab approaching the intersection, and in failing to stop his car. Defendant, the Yellow Cab Company, filed a reconventional demand for damage to the cab. Judgment was rendered in favor of plaintiff against both defendants, in solido, for $ 541.50, interest and cost. The defendants have appealed.

Florida street is a right of way street, running east and west, and is 35 feet wide from curb to curb at the intersection; Fifth street, crossing Florida at right angle, is 23.3 feet wide at this intersection. The speed limit on both of these streets, fixed by ordinance, is 15 miles per hour. Besides the drivers of the two cars involved in the wreck, there were only two other witnesses who saw the accident, one called by plaintiff and the other called by defendants.

Plaintiff testified that on approaching Florida street he slowed down his car to about 10 miles per hour and when he was within 20 to 25 feet of the...

To continue reading

Request your trial
7 practice notes
  • Allen v. Texas & Pacific Ry. Co., Civ. A. No. 2873.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Western District of Louisiana
    • March 5, 1951
    ...failure to perform its duty.'" See, also, Lehon v. New Orleans Public Service, 10 La.App. 715, 123 So. 172; Mese v. Summers, La.App., 170 So. 510; Daricek v. Forrest, La.App., 173 So. Headnote 3 of the syllabus by the Court in Borell v. Cumberland Telegraph & Telephone Co., 133 La. 630, 63 ......
  • Wyche v. Brian, 6935.
    • United States
    • Court of Appeal of Louisiana (US)
    • October 31, 1946
    ...The actions of the defendant in this case are strikingly similar to those of the plaintiff in the case of Mese v. Summers et al., La.App., 170 So. 510, 512, in which the Court made the following observation: 'Although plaintiff was entering and crossing a right of way street, yet he admits ......
  • Browne v. Hall, No. 3789
    • United States
    • Court of Appeal of Louisiana (US)
    • January 29, 1954
    ...Vol. 2, Section 1038; Page v. R. P. Hyams Coal Co., La.App., 144 So. 515; Driefus v. Levy, La.App., 140 So. 259; Mese v. Summers, La.App., 170 So. 510. We recently held, in the case of Miller v. Abshire, La.App., 68 So.2d 143, that an automobilist driving through an intersection on a favore......
  • Rachow v. Ringwald, No. 8495
    • United States
    • Court of Appeal of Louisiana (US)
    • April 19, 1956
    ...cross the intersection, taking the chance that resulted in the collision.' A similar conclusion was reached in Mese v. Summers, La.App., 170 So. 510, 512, wherein it was 'Although plaintiff was entering and crossing a right of way street, yet he admits that he did not see this yellow cab co......
  • Request a trial to view additional results
7 cases
  • Allen v. Texas & Pacific Ry. Co., Civ. A. No. 2873.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Western District of Louisiana
    • March 5, 1951
    ...failure to perform its duty.'" See, also, Lehon v. New Orleans Public Service, 10 La.App. 715, 123 So. 172; Mese v. Summers, La.App., 170 So. 510; Daricek v. Forrest, La.App., 173 So. Headnote 3 of the syllabus by the Court in Borell v. Cumberland Telegraph & Telephone Co., 133 La. 630, 63 ......
  • Wyche v. Brian, 6935.
    • United States
    • Court of Appeal of Louisiana (US)
    • October 31, 1946
    ...The actions of the defendant in this case are strikingly similar to those of the plaintiff in the case of Mese v. Summers et al., La.App., 170 So. 510, 512, in which the Court made the following observation: 'Although plaintiff was entering and crossing a right of way street, yet he admits ......
  • Browne v. Hall, No. 3789
    • United States
    • Court of Appeal of Louisiana (US)
    • January 29, 1954
    ...Vol. 2, Section 1038; Page v. R. P. Hyams Coal Co., La.App., 144 So. 515; Driefus v. Levy, La.App., 140 So. 259; Mese v. Summers, La.App., 170 So. 510. We recently held, in the case of Miller v. Abshire, La.App., 68 So.2d 143, that an automobilist driving through an intersection on a favore......
  • Rachow v. Ringwald, No. 8495
    • United States
    • Court of Appeal of Louisiana (US)
    • April 19, 1956
    ...cross the intersection, taking the chance that resulted in the collision.' A similar conclusion was reached in Mese v. Summers, La.App., 170 So. 510, 512, wherein it was 'Although plaintiff was entering and crossing a right of way street, yet he admits that he did not see this yellow cab co......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT