Ryan v. United Parcel Service, 228
| Decision Date | 18 June 1953 |
| Docket Number | Docket 22642.,No. 228,228 |
| Citation | 205 F.2d 362 |
| Parties | RYAN v. UNITED PARCEL SERVICE, Inc. |
| Court | U.S. Court of Appeals — Second Circuit |
Archie Elkins, Jersey City, N. Y. (Nathan Frankel, New York City, of counsel), for plaintiff-appellee.
John P. Smith, New York City (Walter G. Evans, New York City, of counsel), for defendant-appellant.
Before SWAN, Chief Judge, and L. HAND and FRANK, Circuit Judges.
This is an action under the New Jersey wrongful death statute. N.J.S.A. 2A:31-1 et seq. Jurisdiction rests on diversity of citizenship. Ryan was killed when his car collided with defendant's truck driven by its employee Coyle. The issues were negligence and contributory negligence. Defendant appeals from a judgment entered on a jury verdict of $95,000 for plaintiff.
The accident occurred at the intersection of Avenue C and Schley Street, in Jersey City, New Jersey. Ryan was driving his car southerly on Avenue C. The parties stipulated as follows: The defendant's truck was traveling in an easterly direction on Schley Street and admittedly had a green traffic light in its favor as it approached the intersection of Avenue C, and the light was still green as it entered the intersection and at the time of the collision. The red light governing the approach of automobiles from the north on Avenue C was not operating at the time of the accident. Ryan had previously been over the intersection where the accident happened; he knew there was a traffic fixture producing a red light, amber light, and green light for a car going south at that corner; on other occasions it had shown these various colors; he was over the intersection going in the same direction, southerly, on the night before, and at that time the red light was out.
The plaintiff produced an eyewitness to the accident, one Perlman. He testified that he was driving his automobile south on Avenue C in the same direction and behind the decedent's car; that as he approached the intersection where the accident happened he was about 20 feet behind Ryan's car; that they were both going about 20 miles an hour; that it was raining very hard; that as Ryan's car got near the intersection, it slowed down to about six to ten miles an hour; that he, Perlman, looked both ways and saw defendant's truck to the right about 150 feet away from the corner coming east; that Ryan's car was then "just on the corner starting to move"; that when about three-quarters of the way across the intersection, Ryan's car swung to the left and was struck in the right middle by the front left fender of the truck. He further testified that the truck was 125 feet from the intersection when Ryan's car entered the intersection; that it was going about six to ten miles an hour and the truck about 40 to 50 miles an hour. On cross-examination, Perlman testified that he was about 150 to 200 feet from the intersection when he saw the truck; that the truck was then about 150 feet from the intersection or about 250 feet from him; that Ryan's car was about 15 or 20 feet ahead of him at this time and that he kept about the same distance behind it all the way to the corner; that he was going at about the same speed as Ryan, about 10 to 15 miles an hour; that although both Ryan and the truck were approximately the same distance from the corner; and although decedent was going 10 or 15 miles an hour and the truck 40 to 50 miles an hour, nevertheless, Ryan's car got to the intersection before the truck. He also testified that although Ryan's car was going only six to ten miles an hour as it approached the corner, it slowed down to about two miles an hour right at the corner, and then started up again at about six to ten miles an hour.
Perlman was the only eyewitness produced by the plaintiff. Defendant produced an eyewitness to the accident, James Mulroy. He testified that he was driving a car westerly on Schley Street opposite to the direction that the truck was going; that as he approached Avenue C, the light was green; that when he was about 15 feet from the corner, he saw Ryan's car coming from the right and the truck coming in the opposite direction to him, and that he saw both at about the same time; that he first saw Ryan's car about 15 feet from the corner and that at that time, the truck was past the corner coming into the intersection.
Defendant's driver, Coyle, testified that it was raining very hard at the time of the accident, practically a cloudburst; that he was traveling about 20 miles an hour going east on Schley Street; that he saw the traffic light was green; that when about 15 feet from the corner of Avenue C, he saw Ryan's car to his left on Avenue C to the north of Schley Street and about 40 to 50 feet from Schley Street; that the light was still green for him and that he kept going, expecting Ryan to stop for a red light; that he did not know that the red light for southbound traffic on Avenue C was not working; that as he passed the corner, he saw Ryan was still coming; that he, Coyle, jammed on...
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Faught v. Washam
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