Sponsler v. Schroeder

• Decision Date: 05 June 1934
• Docket Number: No. 22838.,22838.
• Citation: 72 S.W.2d 150
• Parties: SPONSLER v. SCHROEDER.
• Court: Missouri Court of Appeals

72 S.W.2d 150

SPONSLER v. SCHROEDER.

No. 22838.

St. Louis Court of Appeals. Missouri.

June 5, 1934.

Appeal from St. Louis Circuit Court; Robert W. McElhinney, Judge.

"Not to be published in State Reports."

Action by Russell Sponsler against Elmer Schroeder for personal injuries in automobile collision. From judgment in favor of plaintiff, defendant appeals.

Affirmed.

Green, Henry & Remmers, of St. Louis, for appellant.

Bartley & Mayfield, of St. Louis, for respondent.

SUTTON, Commissioner.

This is an action to recover damages for personal injuries sustained by plaintiff through an automobile collision which occurred at the intersection of Halls Ferry road and Jennings road, in St. Louis county, in the early morning of October 25, 1931. The trial, with a jury, resulted in a verdict in favor of plaintiff for $5,500. Judgment was given accordingly, and defendant appeals.

The petition alleges, inter alia, that, at the intersection of Jennings road and Halls Ferry road, there was duly installed and placed to the side of Jennings road a sign or warning to persons approaching Halls Ferry road over Jennings road to stop their vehicles before driving onto or crossing said Halls Ferry road at the intersection of Jennings road therewith; that on October 25, 1931, plaintiff was riding in and driving an automobile in a southerly direction over and along the west side or western portion of said Halls Ferry road, and when said automobile which plaintiff was driving and operating had been driven into the intersection of Jennings road with said Halls Ferry road, said automobile which plaintiff was driving was struck by an automobile driven by defendant in a westerly direction on said Jennings road, and that as a direct result of said collision plaintiff sustained serious and permanent injuries; that plaintiff's injuries were directly caused by the negligence of defendant, as follows, to wit: That defendant negligently failed to stop his said automobile at the intersection of said Jennings road with said Halls Ferry road in compliance with and in conformity to the stop sign which was posted and standing by the side of said Jennings road at the intersection of said Halls Ferry road therewith, and negligently failed to give the right of way to plaintiff at said intersection.

The answer is a general denial, coupled with a plea of contributory negligence.

The evidence for plaintiff shows that plaintiff, accompanied by Miss Finnuala McConaster, having attended the Ambassador Theatre in St. Louis, was driving south on the west side of Halls Ferry road, about 1 o'clock in the morning. He approached the intersection of Halls Ferry road with Jennings road at a speed of about 30 miles per hour, and drove into the intersection at about the same speed. His lights were burning. As he approached the intersection, he saw the defendant's automobile, or the reflection of its lights, about a half block away, approaching the intersection along Jennings road. Plaintiff was unable to judge the speed of defendant's car as it approached the intersection. Miss McConaster observed the approaching car, and stated that she thought it was running at a speed of about 40 miles per hour, and that it ran into the intersection without stopping or checking its speed until it collided with plaintiff's car. Plaintiff's car was well into the intersection, having reached a point near the center of Jennings road, when defendant's car reached the east line of the intersection. Defendant's car as it approached the intersection was traveling near the center of Jennings road. Plaintiff, observing defendant's car as it arrived at the intersection, swerved his car to the right, but was unable to avoid the collision. There was a stop sign on the north side of Jennings road at the east line of the intersection. One of the witnesses testified that it was like "a regular state highway stop sign." This stop sign had been located at the intersection for some time prior to the accident, and plaintiff knew of its presence there.

The evidence for defendant shows that defendant, accompanied by a friend, was driving west on Jennings road; that on approaching the intersection of Jennings road with Halls Ferry road, he observed...