Reaver v. Walch

• Decision Date: 05 January 1925
• Docket Number: No. 4117.,4117.
• Parties: REAVER v. WALCH.
• Court: U.S. Court of Appeals — District of Columbia Circuit

3 F.2d 204 (1925)

REAVER v. WALCH.

No. 4117.

Court of Appeals of District of Columbia.

Submitted December 8, 1924.

Decided January 5, 1925.

B. L. Casteel and T. O. King, both of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, ROBB, Associate Justice, and HATFIELD, Judge of the United States Court of Customs Appeals.

HATFIELD, Acting Associate Justice.

The plaintiff brought suit in the court below to recover damages from the defendant for personal injuries suffered by her and alleged to have been occasioned by the negligent and unlawful conduct of the defendant in the operation of his automobile. It is averred in the declaration that, on January 25, 1923, plaintiff was walking on the sidewalk on Twelfth street, between O and P Streets Northwest, in the city of Washington, District of Columbia; that while thus engaged, and without negligence on her part, without warning or knowledge of the presence of defendant's automobile, and solely by reason of the negligence of the defendant in the operation of his automobile over and along Twelfth Street Northwest, she was struck by the automobile of the defendant and dragged for a long distance along the street, and thereby sustained serious and permanent injuries. Issue was joined upon the defendant's plea to the declaration of "not guilty."

On the trial the plaintiff testified that, on January 25, 1923, at about 8 o'clock at night, she left her home at 1312 Twelfth Street Northwest, in the city of Washington, District of Columbia, for the purpose of mailing a letter; that she remembered touching one of the pickets on the fence in front of her home, immediately after she had passed through and closed the gate leading thereto; that her next recollection was that she was in her room, in bed, and very severely injured. The coat she was wearing that night was torn on the right side, her right shoe torn at the vamp, and her eyeglasses were broken into several parts. She further testified to the severity and permanence of the injuries she sustained; that she was 71 years of age, and prior to the accident was able to earn her living expenses. She disclaimed any knowledge of ever having experienced "dizzy" spells.

Plaintiff's witness, Mary Neal, testified that about 8 o'clock in the evening, on January 25, 1923, she was walking south on Twelfth Street Northwest, near N street; that she heard a "crash," and immediately turned and ran up Twelfth street, and across N street, where she saw the plaintiff lying in front of an automobile, in about the center of Twelfth street; that the automobile was facing south towards N street; that two white men and a colored policeman carried plaintiff into her home. She did not see the accident.

J. W. Braxton (colored), a member of the metropolitan police department, was called as a witness by the plaintiff. He testified that on the night the plaintiff was injured he was standing on the northeast corner of Twelfth and N Streets Northwest; that defendant's automobile was traveling between 8 and 12 miles per hour, when it crossed N street, at the intersection of Twelfth street; that the traffic regulations limited the speed of automobiles to 6 miles per hour while crossing intersecting streets; that shortly after the automobile passed the witness he heard a "crash," or a "scream"; that he immediately turned and ran north on Twelfth street to the place where the accident occurred, which was about 27 yards north of N street, where he saw the plaintiff lying in the middle of the street, near the left rear mud guard of defendant's automobile; that the automobile of defendant was facing north. He further testified that when he arrived at the place of the accident he inquired for the person who was operating the automobile when it struck plaintiff, and the defendant replied, "I am the one." The witness then inquired of the defendant as to how the accident occurred, and the defendant replied that the plaintiff walked into the automobile and was struck by the left front...