Stewart v. Wenger
| Citation | 125 S.W.2d 537 |
| Decision Date | 07 March 1939 |
| Docket Number | No. 24851.,24851. |
| Court | Court of Appeal of Missouri (US) |
| Parties | STEWART v. WENGER. |
Appeal from Circuit Court, Audrain County; W. C. Hughes, Judge.
"Not to be reported in State Reports."
Action by Jean Stewart against F. J. Wenger for injuries sustained in a collision between an automobile in which she was riding and a motortruck and trailer owned by defendant. From a judgment for the defendant, plaintiff appeals.
Reversed and remanded.
A. C. Whitson, of Mexico, and Hay & Flanagan, of St. Louis, for appellant.
Frank Hollingsworth, of Mexico, for respondent.
SUTTON, Commissioner.
This is an action to recover damages for personal injuries sustained by plaintiff when an automobile owned and driven by her husband and in which she was riding was collided with by a motor truck and trailer owned by defendant and being driven and operated by his chauffeur.
The trial, with a jury, resulted in a verdict for defendant, and judgment was given accordingly. Plaintiff appeals.
The collision occurred at the intersection of Natural Bridge Avenue and Marcus Avenue in the City of St. Louis. Natural Bridge Avenue runs east and west, and Marcus Avenue runs north and south.
At and prior to the time of the collision there were automatic traffic signals erected at this intersection pursuant to an ordinance of the City of St. Louis. These signals were the usual kind, being so constructed and operated that the word "go" appeared illuminated in green as a signal for traffic to proceed, and the word "stop" appeared illuminated in red as a signal for the traffic to stop. In between the green signal and the red signal an amber light appeared illuminating the word "caution," the order of the signals being go, caution, and stop.
It appears from plaintiff's evidence that on the occasion of the collision plaintiff was riding in a Chevrolet coach driven by her husband, Robert Stewart, plaintiff being seated on the front seat to her husband's right. As the automobile was proceeding westwardly and was approaching Marcus Avenue the traffic signal at the northwest corner of the intersection for the control of westbound traffic on Natural Bridge Avenue indicated "stop" for westbound traffic, and in obedience thereto plaintiff's husband stopped his automobile a short distance east of Marcus Avenue and from four to five feet south of the north curb of Natural Bridge Avenue. While the automobile in which plaintiff was riding was in this position defendant's truck and trailer being driven by his chauffeur, Gerald Boylan, westwardly on Natural Bridge Avenue toward Marcus Avenue in the rear of the automobile in which plaintiff was riding, collided with the automobile, whereby plaintiff sustained the injuries for which she sues.
Robert Stewart testified that his automobile was bumped into Marcus Avenue, and that after the accident the right wheels of the truck were on the sidewalk on the north side of Natural Bridge Avenue and the left wheels were on the pavement; that the right side of the body of his car was caved in, the bumper was sprung, the front end thrown out of line, the right fender caved in, and the hub cap of the right front wheel torn off; that his car was knocked some seven or eight feet west by the force of the collision; that he was driving his automobile westwardly on Natural Bridge Avenue, and when he was about one hundred feet east of Marcus Avenue, the traffic signal changed to "caution," and then to "stop," and that in obedience thereto he brought his automobile to a stop east of Marcus Avenue; that while he was stopped the defendant's truck and trailer came up from the rear and swerved to the right, so that the truck collided with the right front fender of his automobile and the trailer collided with the right rear side of the body; that he was about one hundred feet from Marcus Avenue when the signal light changed to amber; that the truck was about fifty feet behind him and the light then changed to red after the amber; that at the time of the crash the signal light was red, had just turned red.
John C. Biring testified, on behalf of plaintiff, that the traffic signal at the northwest corner of the intersection indicated a stop for westbound traffic at the time of the collision, and that the Stewart automobile was stopped waiting for the signal to change to go at the time that defendant's truck and trailer crashed into the automobile; that he was proceeding westwardly in his automobile on Natural Bridge Avenue and had brought his automobile to a stop in obedience to the traffic signal on the...
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...with the legal principle stated in the cases cited by defendants [Huger v. Doerr, Mo.App., 170 S.W.2d 689, 691(2); Stewart v. Wenger, Mo.App., 125 S.W.2d 537, 539(3); Gundelach v. Compagnie Generale Transatlantique, Mo.Sup., 41 S.W.2d 1, 2] to the effect that an instruction not based upon o......
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