Schneider v. Hawks
| Decision Date | 07 April 1919 |
| Docket Number | No. 13009.,13009. |
| Citation | 211 S.W. 681 |
| Parties | SCHNEIDER v. HAWKS. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, County; L. A. Vories, Judge.
"Not to be officially published."
Action by Fred C. Schneider against Everett A. Hawks. From judgment for defendant, plaintiff appeals. Reversed and remanded.
Ryan & Zwick, of St. Joseph, for appellant.
Randolph & Randolph, of St. Joseph, for respondent.
Plaintiff's action is to recover damages alleged to have been sustained in a collision between two automobiles at the intersection of Edmond and Ninth streets in St. Joseph. The judgment in the trial court was for the defendant.
Edmond street runs east and west, and Ninth street north and south. Plaintiff was in a car belonging to and being driven by one Hubbel in an eastern direction on Edmond street; while defendant's car was being driven south on Ninth street by one of his employés. Plaintiff and Hubbel were on a business trip in which they were jointly interested. The cars collided at the intersection, and plaintiff was thrown violently to the ground. The evidence was not in accord as to the respective rates of speed as the cars approached the intersection, nor as to whether one or the other was guilty of negligence; but it was shown that an ordinance of the city of St. Joseph required that cars running east and west shall give the "right of way" to cars running north and south.
The negligence charged against defendant in plaintiff's petition is the following:
"That defendant did not slow down his said motor vehicle while approaching the automobile in which plaintiff was riding when he saw or could have seen that plaintiff was in a position of peril in time to have stopped said motor vehicle or to have slackened the speed thereof, and thus avoid a collision with the automobile in which plaintiff was riding; that defendant was running his said motor vehicle at an excessive and dangerous rate of speed, to wit, thirty (30) miles per hour, and did not give or sound any timely or sufficient warning to plaintiff of the approach of his said motor vehicle by horn, bell, or other alarm device; that defendant failed to operate or drive his said motor vehicle to the right of the center line of said Ninth street and to the right of the said intersection of Ninth and Edmond streets " and that defendant failed to use the highest degree of care that a very careful person would use under like or similar circumstances to prevent injury to plaintiff."
Objection is taken to defendant's instruction No. 4, which we think is serious and substantial. It reads as follows:
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