Taxicab Co. of Baltimore City v. Emanuel

Decision Date17 February 1915
Docket Number68.
Citation93 A. 807,125 Md. 246
PartiesTAXICAB CO. OF BALTIMORE CITY v. EMANUEL.
CourtMaryland Court of Appeals

Appeal from Baltimore City Court; Morris A. Soper, Judge.

Action by Lester H. Emanuel against the Taxicab Company of Baltimore City and another. Judgment for plaintiff, and defendant named appeals. Affirmed.

Robertson Griswold and Albert C. Ritchie, both of Baltimore (Ritchie Janney, Griswold & Hamilton, of Baltimore, on the brief), for appellant.

James J. Lindsay, of Baltimore (Michael P. Kehoe, of Baltimore, on the brief), for appellee.

PATTISON J.

In this case an infant, Lester H. Emanuel, recovered a judgment against the defendant, the Taxicab Company of Baltimore City in the court below, for personal injuries suffered by him alleged to have been sustained by the carelessness and negligence of the defendant's agent in operating an automobile belonging to the defendant, on the 12th day of September, 1913, upon Greenmount avenue, or York road, near Windermere avenue, or Thirty-Fourth street, in the city of Baltimore.

There are in the record three bills of exceptions, two to the rulings of the court upon the admission of testimony--these, however, are waived--and one to the ruling of the court upon the prayers. In addition to this exception, we are asked to review the ruling of the court in refusing to grant the defendant's application for a removal of the case.

Among the prayers offered by the defendant were three that asked for a verdict for the defendant; the first and third because of a want of legally sufficient evidence entitling the plaintiff to recover; and the second because of the alleged negligence of the plaintiff directly contributing to the accident complained of. We will first consider the ruling of the court in refusing to grant these prayers, and to do so it will be necessary for us to state fully the testimony in the case.

RPT.CC.1915026259.00010

(Image Omitted) The street upon which the accident happened is named in the declaration as Greenmount avenue, although it is generally spoken of in the testimony as York road. It runs north and south, and upon it are the tracks of the city passenger railway company. The width of said street is 39 feet and 7 inches between the curbs. The distance between the curb on each side of the street and the tracks of the railway company is 12 feet and 2 inches, with a distance of 4 feet and 5 inches between the tracks. Windermere avenue, 32 feet in width between its curbs, intersects York road from the east, but does not cross it. Calvin avenue intersects York road from the west, the southern line of which is about 110 feet north of Windermere avenue. About 10 feet north of what would be the north line of Windermere avenue if it were extended beyond York road is an alley, 10 feet in width, intersecting York road from the west, but not extending beyond it. Ethelwood lane, the next street above Calvin avenue, is 376 feet north of Windermere avenue. The streets south of Windermere avenue are Henderson and Thirty-Third streets; the former about 150 feet and the latter about 390 feet from said avenue.

The plaintiff, an infant 16 years of age at the time of the accident, residing with his father on the north side of Calvin avenue, was injured while attempting to cross in a northwesterly direction from the east side of York road at a point near the middle of Windermere avenue to the west side of said road at a point where it is intersected by the aforesaid alley. The automobile of the defendant, at such time, was coming south on the west side of York road. Its lights were not burning, nor were the street lamps lighted at the time.

The plaintiff testified that he, on the evening of the accident, took a street car at Holliday and Fayette streets for his home on Calvin avenue; that when the car reached Twenty-Fifth street he noticed, by the clock in front of the drug store, that it was a quarter of 7, and that he had frequently observed that it took 5 minutes for the car to go from this point to Calvin avenue, and thus he fixed the time of his reaching Windermere avenue at 10 minutes of 7, and he says it was then cloudy and getting dark; that he alighted from the front steps of the car at a point about the middle of Windermere avenue, and remained at this point until the car reached a point, where he saw it, a block away, between Calvin avenue and Ethelwood lane; that he looked twice up Windermere avenue and twice up and down York road before starting to cross the last-named street, and saw nothing coming, and "before he got across to the other curb the automobile struck him"; that when struck he was in the act of stepping from the south-bound track; that he did not see the automobile at all before it struck him; that Mr. Hull, the driver of the automobile, came back and put him in the automobile and took him to the Hebrew hospital. Upon cross-examination he testified that while crossing the street he again looked up York road, but saw no automobile or other vehicle, except the street car, and that had there been any he would have seen it, as there was nothing to obstruct his view; that he had no difficulty in seeing the street car between Calvin avenue and Ethelwood lane.

William D. Burnite, a witness for the plaintiff, testified that he lived on the south side of Windermere avenue 75 or 80 feet east of York road; that he saw the boy start across the street, facing towards the alley, "and the automobile come down and hit him"; that it was in the evening about 7 o'clock, and was cloudy and getting dark; he at the time was seated on his porch; that the boy started across the street, and was nearly over, just crossing the south-bound track, when the automobile struck him; that when he started across the street the car was out of sight; that he did not hear any gong rung or horn blown preceding the accident; that "he could not say how fast the automobile was going, but they went about 200 feet after the fellow put the brakes on; that he could tell when they put the brakes on by the way the automobile started to screech; that he heard this screeching about the same time the automobile struck the boy; that the accident happened about a minute, or a little over, after the boy got off the car; that he first saw the automobile when it hit the boy, or rather about two seconds before it hit him, right at the time it hit him; that he did not see the automobile approaching, and simply saw the contact--the accident; it was going pretty fast, he could not say how fast."

Robert Woods, produced by the plaintiff, testified that at the time of the accident he was standing on the York road in front of Mr. Lacey's feed store, near the north corner of Henderson street; that he saw the plaintiff get off of the car, and, after the car had passed some distance up the street, saw him start across the street "kind of on a bias, with his face towards the alley"; that it was cloudy and getting dark; "that at the time the boy started to cross the street he did not see any street cars or carriages or automobiles on York road; that the boy was on the south-bound track going across when the automobile struck him; that when he first saw the automobile it was up by Calvin avenue, and the boy was, he guessed, about middle way of the street; that the automobile was coming real fast; that he thought the boy could get across before it hit him; that the left side of the automobile hit the boy, and that after it struck him it went on down in front of Gunning's store at the south side of Henderson street;" that he had no difficulty in seeing the automobile at Calvin avenue, as there were no other vehicles on the streets; and that there was nothing between the plaintiff and the automobile to prevent him, while crossing the street, from seeing it.

Frank Blair, when called by the plaintiff, testified that he was at the time of the accident on York road in front of Windermere avenue; that when the car was between Calvin avenue and Ethelwood lane the plaintiff started to cross the track, and was between the two tracks when the automobile struck him; that the automobile was coming towards the city, and it was the front of the automobile that struck him; it then came down as far as Henderson street and stopped; that he "didn't hear any horn blown or noise of any kind."

Benjamin Williams, plaintiff's witness, testified that he was at the time of the accident with Blair in front of Windermere avenue on the west side of York road; that after the car from which the boy had alighted passed he saw him standing on Windermere avenue, about midway of said avenue, back from the track about 5 feet, and when he started to cross the car was above Calvin avenue, somewhere near Ethelwood lane; that "the boy was walking at a pretty good gait; he seemed like he was in a hurry going home;" that it was getting dark; that he saw the machine when it passed Calvin avenue he saw it on account of the lights in the store; that then he never paid much attention to it; didn't know whether the machine had stopped; that in that time the boy started to cross the street, and when the machine was about 2 feet from him he heard somebody holler, "Hey, look out;" the boy was then coming across the street, and he kind of turned like that (indicating), and just as he turned to get out of the way the machine struck him and knocked him over; that the left hand side of the machine struck the boy; "that he heard no noise or anything until he heard this shout; that the boy was walking across the street, kind of cater-cornered, toward home;" that he was only about 8 feet from the boy when the accident happened; that at the time the boy started to cross he (the witness) "didn't see any street cars or buggies or wagons or...

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2 books & journal articles
  • Table of Cases
    • United States
    • Maryland State Bar Association Maryland Automobile Accident Deskbook (MSBA)
    • Invalid date
    ...Taxicab Co. of Baltimore City v. Emanuel, 125 Md. 246, 93 A. 807 (1915).................................................................................................57 Taxicab Co. v. Ottenritter, 151 Md. 525, 135 A. 587 (1926)....................................................................
  • CHAPTER SIX CROSSING THE CENTER LINE AND PASSING
    • United States
    • Maryland State Bar Association Maryland Automobile Accident Deskbook (MSBA)
    • Invalid date
    ...Light & Power Co. v. O'Neill, 175 Md. 47, 51, 200 A. 359, 361 (1938).[3] TRANSP. § 21-303(b).[4] Taxicab Co. of Baltimore City v. Emanuel, 125 Md. 246, 93 A. 807 (1915).[5] Cocco v. Lissau, 202 Md. 196, 95 A.2d 857 (1953).[6] Miller v. Mullenix, 227 Md. 229, 176 A.2d 203 (1961); Sun Cab Co.......

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