Reeves v. State

• Citation: 80 So.2d 206
• Decision Date: 14 April 1955
• Docket Number: No. 8310,8310
• Court: Court of Appeal of Louisiana (US)
• Parties: Cecll Bates REEVES, Plaintiff-Appellee, v. STATE of Louisiana and/or Department of Highways of the State of Louisiana, Defendant-Appellant.

Page 206

80 So.2d 206

Cecll Bates REEVES, Plaintiff-Appellee, v. STATE of Louisiana and/or Department of Highways of the State of Louisiana, Defendant-Appellant.

No. 8310.

Court of Appeal of Louisiana Second Circuit.

April 14, 1955.

On Motion to Correct May 18, 1955.

Writ of Certiorari Granted June 30, 1955.

Rehearing Denied Jan. 9, 1956. ^*

Writ of Certiorari Granted Feb. 23, 1956.

W. Crosby Pegues, Jr., D. Ross Banister, Philip K. Jones, Francis X. Vinet, Louis S. Quinn, Joseph A. Loret, Baton Rouge, for appellant.

McIntosh, Sims & Hester, Oak Grove, for appellee.

AYRES, Judge.

Plaintiff instituted this action against the State of Louisiana through the Department of Highways for damages in the sum of $20,457 for personal injuries, pain, suffering and mental anguish, permanent disability, loss of wages and earnings and medical and hospital expenses incurred in the treatment of his injuries, pursuant to the provisions of Act 41 of 1946, as the result of an accident about 8:30 o'clock P.M., April 24, 1946, on U. S. Highway No. 65 at the state line between the states of Louisiana and Arkansas.

Negligence as a proximate cause of the accident was charged to the Department of Highways and its employees by their failure to erect and maintain a protective barricade at the end of pavement on a concrete highway and by their failure to post and maintain adequate warning signs and signals. For defense, plaintiff was charged with negligence proximately causing the accident by driving at an excessive rate of speed and letting his car get out of control, and by not keeping a proper lookout ahead or taking precautions to prevent the occurrence of the accident.

From the judgment in plaintiff's favor for $15,457.50, defendant prosecutes this appeal. Plaintiff has answered the appeal, praying that the judgment appealed be amended increasing the award to the amount originally sued for.

U. S. Highway No. 65, on which the accident occurred, traverses several states and those parts of it that are in the State of Louisiana are public state highways. This highway runs in a general north and south direction through the Parish of East Carroll and continues such course northward across the boundary line as it enters the State of Arkansas. That portion of this highway which is in said Parish was paved with concrete paving about 1933. From the aforesaid state boundary south for a considerable distance, the highway is straight, and, at the time of the accident, was in splendid condition so far as the concrete slab and roadway were concerned, but, at the time of the accident the pavement did not extend further north than the state line.

From the end of the concrete slab and connecting therewith a dirt fill or embankment extended into the State of Arkansas, which embankment was built by the Arkansas authorities for the purpose of placing pavement thereon. On top of this embankment and somewhat on its left side was a sort of passage or dirt road which was occasionally used during the dry season. This embankment, however, at the time of the accident was some 6 to 8 inches lower than the concrete pavement and was very rough, and on the right-hand side thereof and in the lane of traffic proceeding northward into the State of Arkansas were holes of considerable depth.

No adequate or effective warning signs, such as signals, lights or barricades, were erected or maintained by the Department of Highways to give notice to or warn approaching traffic of the end of the pavement or of the condition existing there. Although a barricade was formerly maintained across the highway and for a time lights were maintained as a warning, the barricade had been destroyed, and the lights discontinued several months prior to the date of this accident. Defendant contended that it was difficult to maintain the barricade; motorists would run into it and break it down; and materials for replacement were difficult to obtain at the time.

The roadside signs were inadequate and insufficient for the purpose intended. There was one located on the shoulder to plaintiff's right 1,170 feet south of the end of the pavement at the state line. This sign bore the legend 'Stop, Slow Ahead'. However, due to its leaning position, it was most difficult to read. 260 feet beyond that sign, or 910 feet south of the state line, was the only other sign, which indicated a curve to the left, notwithstanding that the road was straight for some distance in both directions.

There, however, was constructed as a detour at the time of the accident, a short distance west of and approximately parallel to the paved highway and to the dirt embankment, a black-top road, the surface of which was approximately 2 feet lower than the concrete highway. This road joined the pavement 677 feet south of the end of the pavement. A short distance across the state line the black-top road again intersected the main highway.

That the defendant, through the Department of Highways and its officials and employees, had actual notice and knowledge of the aforesaid facts and circumstances and dangerous condition of the highway at the state boundary and of the fact that no proper or adequate barricade was maintained and that no proper or adequate signs or signals were posted or maintained, does not admit of dispute. On January 23, 1946, Mr. J. S. Trezevant, an employee of the Department of Highways and a junior traffic control analyst, made an inspection of the signs on this highway as it approached the Arkansas line. At that time he found the two signs referred to, and, at the end of the concrete pavement, a barricade that extended entirely across the width of the pavement. This was constructed of 3"' X 10"' X 18' lumber bolted to 6"' X 8"' posts 6 feet long, painted white with the usual black stripes. A month later another inspection by this official disclosed this barricade had been destroyed. No attempt was made thereafter to replace it.

Numerous accidents had happened at this location, and the Department of Highways and its employees had information of the occurrence of many of them, not only through their own observation but through reports and complaints made by others.

It was contended that every time a barricade was erected some motorist would run through and demolish it. That such may have resulted through its fault in not maintaining proper warning signals does not appear to have occurred to the department or its employees. Local citizens, realizing the danger of the situation, became incensed and registered a protest with their State representative two weeks before this accident occurred, who, by telephone, conveyed the protest to the department. Notwithstanding, however, no action was taken to remedy the conditions until the occurrence of the accident in which plaintiff herein was injured.

There is a mandatory statutory duty of the Department of Highways to erect and maintain proper and adequate signs, signals and warning devices necessary for informing, directing, cautioning and warning the traveling public of any unusual situation or dangerous condition on the highways or to its approaches which may impede or obstruct the safety of traffic. The aforesaid change in grade or surface level of the road, the 'jump-off' and the end of the paving constitute such obvious and serious obstructions and dangers as are contemplated by the statute, LSA-R.S. 48:345, which, in part, reads as follows:

'The department shall erect and maintain all signs, signals, or devices necessary for informing, directing, cautioning, and warning the traveling public.'

The due care therefore owed by highway authorities to motorists requires the posting of notices and signs warning them of dangerous conditions. The general rule is stated in 60 C.J.S., Motor Vehicles, § 192, page 530:

'While the exercise of reasonable care by highway authorities toward motorists may require a placing of signs warning of dangerous conditions, as where there are obstructions or excavations in the way, or the highway terminates abruptly, or a bridge has been destroyed, warning signs need not be maintained at places which do not present an extraordinary condition or unusual hazard, as, for example, at curves of an ordinary character in the highway. Warnings or notices need not be given where the physical facts give sufficient warning of the danger. Where a barrier gives ample and timely warning of the dangerous condition of the road, there is no duty devolving on those in charge of the highway to post notices of the condition of the road some distance therefrom. In determining what is reasonable warning, the place at which the danger exists, the nature of the road, and the general situation and circumstances surrounding it are to be taken into consideration, as are also the kind of travel and the speed at which vehicles will probably travel on the road.'

To the same effect are the decisions in Department of Highways v. Fogleman, 210 La. 375, 27 So.2d 155; Department of Highways v. Jones, La.App., 35 So.2d 828; De Hart v. State, La.App., 46 So.2d 366; Rosier v. State, La.App., 50 So.2d 31; Goodwin v. Department of Highways, La.App., 53 So.2d 161, and Davis v. Department of Highways, La.App., 68 So.2d 263.

In general, the duty imposed upon a state and/or its department of highways or other appropriate authority is to construct and maintain highways which are reasonably safe for public travel of the usual kind and character, having in view the character and location of the road and the amount and nature of the traffic. For instance, it is stated in 40 C.J.S., Highways, § 254(b), page 293:

'In general the duty imposed on the highway authorities is to maintain the highways in a condition reasonably safe for travel, having in view the probable traffic and the character of the road and the use reasonably to be anticipated. So, in determining whether a highway is in a reasonable state of repair, its location and character and the extent of...