Roux v. Pettus

• Decision Date: 03 July 1956
• Docket Number: No. 29458,29458
• Citation: 293 S.W.2d 144
• Parties: Alfred ROUX, (Plaintiff) Respondent, v. Marvin PETTUS, (Defendant) Appellant.
• Court: Missouri Court of Appeals

Page 144

293 S.W.2d 144

Alfred ROUX, (Plaintiff) Respondent, v. Marvin PETTUS, (Defendant) Appellant.

No. 29458.

St. Louis Court of Appeals, Missouri.

July 3, 1956.

Rehearing Denied Sept. 14, 1956.

McClintock & Medley, E. L. McClintock, Jr., Flat River, for appellant.

J. Richard Roberts, Roberts & Roberts, Farmington, for respondent.

ANDERSON, Presiding Judge.

Plaintiff, Alfred Roux, instituted this action for damages for personal injuries and for the damage to his automobile as the result of a collision between said car and one driven by defendant, Marvin Pettus. Defendant filed a counterclaim for damages for personal injuries and for the damage to his automobile. The trial resulted in a verdict and judgment for plaintiff on plaintiff's cause of action, and against defendant on the counterclaim. From the judgment, defendant has appealed.

The accident occurred on December 14, 1954, at the intersection of Grant and Oak Streets in the City of Desloge, Missouri. Grant Street is a north and south street. Oak Street runs east and west. Both streets are paved with a black-top surface twenty feet wide, with a parking area on each side of the street about seven feet in width. There are curbs on both streets. Grant Street is slightly downgrade as one approaches Oak Street from the south. The neighborhood around the intersection is residential in character. The street immediately east of Grant Street and parallel to it is School Street. Oak Street ends at School Street. School Street is 320 feet east of Grant Street. Elm Street is the next street south of Oak Street.

Just prior to the accident plaintiff was driving north on Grant Street, and defendant was proceeding west on Oak Street. Plaintiff was driving a 1951 Dodge Sedan, and defendant was driving a 1954 Chevrolet. Plaintiff made a left turn into Grant Street from Elm Street, and proceeded north at a speed of twenty or twenty-five miles per hour. When he reached a point 32 feet south of the south side of Oak Street plaintiff looked to the east. At that point he could see as far as School Street, 320 feet to the east. He saw no car approaching from that direction. He then looked to his left and saw no traffic approaching from that direction. He then turned his head to look straight ahead and saw the defendant's automobile about a foot away from his car. Immediately thereafter there was a collision between the two cars. At the time of the collision the front wheels of plaintiff's car were about three feet north of 'the Oak Street black-top line.' His car was struck on the right side at the front and rear doors, and the back part of the right front fender. Plaintiff testified that at the scene of the accident, and immediately thereafter, he heard defendant say to a by-stander that 'he had been driving entirely too fast and that he never saw me until he hit me.' At no time after entering Grant Street did plaintiff diminish his speed, but at all times proceeded at about twenty to twenty-five miles per hour. There were no vehicles on the street approaching from the left, and there was nothing to prevent plaintiff from swerving to the left.

James L. Englehart, a member of the State Highway Patrol, appeared on the scene shortly after the collision. He found plaintiff's car 40 to 45 feet north of the intersection, and defendant's car in the intersection headed in a northwesterly direction. The damage to plaintiff's car was on the right side at about the front door. The damage to defendant's car was in front, at the hood and grille. The officer took statements of the parties. He testified that Mr. Pettus, the defendant, stated: 'I was driving west about 30 to 35 miles per hour and I didn't see the other car, and I don't think he saw me until too late.' He stated that plaintiff said: 'I was going north and I didn't see the other car until we hit.' He testified that plaintiff said his speed was thirty or thirty-five miles per hour. There were skid marks extending a distance of twenty-nine feet from the rear of defendant's car.

Mrs. Lena McFarland, a daughter of plaintiff, testified that during the evening of December 14, the day of the accident, defendant said to her that he was sorry the accident happened; that he was driving too fast and did not see the plaintiff until he hit him, and that it was all his fault. Like testimony was given by plaintiff's son, Charles Roux.

Defendant testified that he turned into Oak Street from School Street and proceeded westwardly at a speed of 30 or 35 miles per hour. He stated that he first saw the plaintiff's car when it was about 30 or 40 feet south of the intersection. At that time defendant was 40 or 50 feet east of the intersection. He did nothing toward altering the speed of his car at that time, but when plaintiff kept coming, defendant, seeing that plaintiff was not going to stop, applied his brakes. He stated that he applied the brakes when he was about 29 feet from the point of impact. Defendant was unable to estimate his speed at the time of...