Squyres v. Baldwin

• Citation: 185 So. 14,191 La. 249
• Decision Date: 31 October 1938
• Docket Number: 34894
• Court: Louisiana Supreme Court
• Parties: SQUYRES v. BALDWIN et al

185 So. 14

191 La. 249

SQUYRES v. BALDWIN et al

No. 34894

Supreme Court of Louisiana

October 31, 1938

Rehearing Denied November 28, 1938

Writs recalled and judgment affirmed.

Hudson Potts, Bernstein & Snellings, of Monroe, and Hawthorn Stafford & Pitts, of Alexandria, for applicant.

Cleveland Dear and Ward T. Jones, both of Alexandria, for respondent.

FOURNET Justice. ODOM, J., dissents.

OPINION

FOURNET, Justice.

William Squyres instituted this suit against L. W. Baldwin and Guy A. Thompson, trustees for the Missouri Pacific Railroad Company, to recover damages in the amount of $ 2,590.50 for injuries sustained by him when the car in which he was riding as a guest collided with the company's train of fifteen gravel cars which were being operated and switched by the defendant company across Louisiana Highway No. 165 on the spur track of the Alexandria Gravel Company near the town of Woodworth, in Rapides Parish, Louisiana.

Upon a showing that L. W. Baldwin had resigned his trusteeship, the suit, as to him, was dismissed by consent of counsel. The remaining defendant excepted to the mode of citation and excepted to the petition as disclosing no cause and no right of action. These exceptions were overruled and defendant answered denying liability and negligence on its part. In the alternative defendant pleaded, as a bar to recovery, the contributory negligence of the plaintiff.

The case was tried on its merits and the trial judge dismissed plaintiff's demand at his cost. On plaintiff's appeal, the Court of Appeal of the Second Circuit reversed and set aside the judgment of the trial court and gave judgment for the plaintiff in the sum of $ 2,065.50. We now have the case for review on writs granted by us on defendant's application.

The facts of the case, as found by the Court of Appeal, and which, from our review of the record, we find to be correct, are as follows, 181 So. 586:

"At the time of the accident both plaintiff and the driver of the automobile, Johnson, were domiciled in the town of Melder, in the southern part of Rapides Parish, Louisiana. Plaintiff worked for the Weaver Brothers Lumber Company at Weaver's Station, located a considerable distance north of Alexandria, Louisiana, and he made occasional week-end visits to his domicile. Two weeks prior to January 18, 1936, while plaintiff was in Melder, he learned that Johnson would be in the city of Alexandria with his car on the night of the named date. Thereupon he informed the latter of his intention to return to his home on that night and requested permission to ride in the automobile from said city. This request was granted. It was agreed that the gas and oil necessary for the trip would be paid by plaintiff, Squyres.

"At about 9:40 o'clock on the night of Saturday, January 18, 1936, plaintiff reached Alexandria by train from his place of employment and was met at the railroad station by Johnson. Both entered the automobile and proceeded upon their journey toward Melder with Johnson driving. The route selected was south on U.S. highway 165 through Woodworth to Forest Hill, this being a paved highway and used by traffic traveling from Alexandria to Lake Charles, Louisiana, and to Beaumont and Houston, Texas; thence on a graveled road from Forest Hill to the domicile of the parties.

"It was snowing lightly while they were in and leaving Alexandria. After having traveled about three miles from the corporate limits of that city, the snow increased in volume and density and later became so thick and heavy that driving was rendered difficult. During the heaviest part of the snow storm Johnson had a clear vision in front of him, with the aid of the car's two headlights which were in perfect order and burning, of only 25 or 30 feet. However, the lights of approaching vehicles could be seen by him at a distance of about 100 feet. The night was extremely dark.

"The first stop in the journey was made in the town of Woodworth, Louisiana, at a closed service station, where the snow and ice were cleared from the windshield of the car. A distance of eleven miles had been traversed, and the time consumed in traveling it was approximately one hour. The cleaning process required a few minutes, during which period the parties discussed the advisability of remaining there or proceeding to their respective homes, situated about 12 or 14 miles away. The latter course was adopted because of the cold weather that then existed and the fact that there was no available building in Woodworth to shelter them during the remainder of the night.

"The automobile was again entered and the trip toward the south resumed. The dense and unusually heavy snow continued to fall and the ground in that vicinity was blanketed with it. Furrows appeared in that portion of it which lay on the highway, these having been made by vehicles. A strong wind was blowing from the north. Johnson occupied the driver's seat, while plaintiff sat at his right and held an overcoat over the window of the car's right door, the glass of which had previously been broken, to prevent the entrance of the snow and cold. Shortly after the resumption of the journey, the windshield and its attached wiper became burdened with snow and unusable, so Johnson lowered the window on his side and drove with his head protruding from the car. A distance of approximately one-fourth of a mile had been negotiated when the driver observed a low, black gravel car obstructing the highway. At that time, he was driving at a speed of from 12 to 15 miles per hour. His brakes, which were in good condition, were immediately applied; but the intervening distance was too short to permit a stopping of the automobile before the occurrence of a collision. The movement of the train was responsible for the dragging of the automobile off the highway, after the impact, and its turning over.

"U.S. Highway 165, at and near the place of accident, runs generally in a north and south direction, and is straight on each side of the crossing for some distance. There are no buildings, trees or other view-obstructing agencies on either side of the road in that immediate vicinity. The usual 'Louisiana Law Stop' signs and small highway markers inform of the presence of the spur track. Defendant's main line tracks are located several hundred yards east of and parallel with the highway.

"Branching from the main line, the spur track travels in a southerly direction and then curves toward the west and courses diagonally and southwesterly across the paved highway at grade or level therewith. It is employed solely for and in the interest of the Alexandria Gravel Company. The frequency of its use depends upon the volume of business enjoyed by that company in connection with the operation of its gravel pit located west of the highway. At and about the time of the accident, it was being employed frequently.

"Johnson, the automobile driver, knew that a railroad crossing existed in the vicinity of Woodworth, but he did not know its exact location. Occasional trips had been made by him over the highway during a period of five years; however, he had never seen a train on the spur track before, and was of the impression it was not used.

"Defendant's train, when struck by the automobile, consisted of 15 low, gravel cars and the engine. Six employees were in charge of it, these being an engineer, fireman, conductor and three brakemen. The engine was equipped with electric headlights on both its front and rear, and these were burning. Operating signals were given by the brakemen to the fireman and the engineer from the rear of the train by means of electric lanterns.

"On the night in question, the train was backed from defendant's main line onto and along the spur track, and several cars were coupled to it before the highway crossing was reached. The backing was then continued across the highway where switching operations were performed in the vicinity of the gravel pit. In order that a car might be secured from a side spur track, it was necessary that the train be moved forward and then backward. Accordingly, the proceed signal was given by a brakeman. While the train was traveling forward at a speed of about four miles per hour, preparatory to the later backward movement, the collision resulted. At that time the highway practically divided the train, the car which was struck being the eighth behind the engine. The engine's emergency brakes were immediately thereafter applied, and a stop was effected. The highway was never free from obstruction from the moment the train backed across it until the impact occurred, a period of approximately five minutes; and further obstruction was intended and necessary by reason of the contemplated additional backing. The whistle and bell of the engine were frequently sounded during the course of the switching operations. No flagman or lights were stationed at the crossing to warn approaching motorists that it was occupied."

Relator has assigned numerous specific errors to the judgment of the Court of Appeal, which are, in substance, that it found, contrary to the law and the evidence, (1) that relator's employees were negligent and that this negligence was the proximate cause of the injuries complained of, and (2) that the plaintiff was not guilty of such independent negligence as would bar his recovery.

As to the first ground, defendant contends that the presence of a railway car obstructing a crossing is in itself sufficient warning of the danger and that the railroad company is not negligent in failing to give additional warning of the obstruction, and cites in support thereof the following cases: Aaron v. Martin, 188 La. 371, 177 So. 242; Patterson v. Chicago, R. I. & P. R. Co., La.App., 175 So. 164; ...