Va. Electric & Power Co v. Holland

• Decision Date: 04 March 1946
• Citation: 184 Va. 893,37 S.E.2d 40
• Court: Virginia Supreme Court
• Parties: VIRGINIA ELECTRIC & POWER CO. v. HOLLAND.

37 S.E.2d 40

184 Va. 893

VIRGINIA ELECTRIC & POWER CO.

v.HOLLAND.

Supreme Court of Appeals of Virginia.

March 4, 1946.

Error to Circuit Court of Norfolk; Clyde H. Jacob, Judge.

Action by Drury J. Holland, Jr., against Virginia Electric & Power Company to recover for damages to his person and property occasioned by a collision between plaintiff's automobile and one of defendant's street cars. Judgment for plaintiff, and defendant brings error.

Affirmed.

Before CAMPBELL, C. J., and HUDGINS, GREGORY, BROWNING, EGGLESTON, and SPRATLEY, JJ.

T. Justin Moore, of Richmond, and Leigh D. Williams, of Norfolk, for plaintiff in error.

Broudy & Broudy, of Norfolk, for defendant in error.

GREGORY, Justice.

Drury J. Holland, Jr., instituted an action at law against the Virginia Electric and Power Company to recover damages for personal injuries sustained by him, and also for damages occasioned his automobile by reason of a collision with one of the defendant's electric street cars at the intersection of Hampton Boulevard and Sewell's Point road in the city of Norfolk. A verdict, approved by the trial court, was found by the jury in favor of the plaintiff.

The Virginia Electric and Power Company upon this writ of error contends that the trial court should have set aside the verdict upon the grounds that it was plainly wrong and without evidence to support it; that the plaintiff was guilty of contributory negligence which bars his recovery; and that the court erred in granting any instructions on the plaintiff's theory of the case, and especially in granting instruction P-4.

Hampton Boulevard extends north and south between Norfolk and the Naval Base. Upon it and in its center the Virginia Electric and Power Company maintains double tracks, and street cars are operating over them to and from the Naval Base.

The roadbed for the car tracks is elevated above the roadway and it is not improved for vehicular travel except at intersecting streets where proper crossings are maintained. This roadbed of the Power Company and its tracks separate two distinct one-way roadways which are improved. One lies to the west of the tracks and vehicles going south proceed over it. The other lies to the east of the tracks and on it vehicles proceed toward the north.

In the center of the roadway which is devoted to southbound traffic at the intersection of Hampton Boulevard and Sewell's Point road is the usual traffic light. This light controls the electric street cars proceeding to the south as well as vehicular traffic. On the northbound roadway is a similar traffic light controlling northbound vehicular traffic as well as northbound street cars. The crossing is 36 feet wide.

The plaintiff was proceeding south on Hampton Boulevard approaching the intersection of Sewell's Point road. He intended to make a left-hand turn at the intersection and to proceed on the latter road. There were two lanes of traffic going his way and he occupied the lane on the right. As a consequence of this he was compelled to pull into the intersection, turn his car to his left, stop and wait for the traffic occupying the left lane of this roadway to pass before he could proceed. After the passage of this traffic he proceeded across the car tracks while the traffic light was green and in his favor after first having looked and seen the southbound street car approaching the crossing about two car-lengths away. He also observed a street car on the tracks going north which had been brought to a stop at the intersection. He saw a number of persons waiting to board the southbound street car and assumed that the street car would be brought to a stop for them to get aboard. He saw the vehicular traffic going north on the other roadway had been brought to a stop. When the southbound street car was 6 or 7 feet away he looked again but it was too late to avoid being struck for he was then on the tracks proceeding slowly.

The evidence discloses an absence of due care upon the part of the motor-woman on the defendant's electric car. This young woman, who had had no other experience in the operation of cars, had been trained for a period of fifteen days. She had operated cars for a little over two months. As she operated her car upon this occasion just before it reached the crossing she was engaged in waving at the motorwoman on the other street car which was proceeding or about to proceed in the opposite direction. She paid no attention then to the traffic light at the intersection and operated her car through the red light. This intersection is a very busy one. The traffic to and from the Naval Base at the time was very heavy. The operator of this street car also failed to stop to permit those waiting for the street car to get aboard. It was gross negligence on the part of the motorwoman to disregard utterly her duties in the respects named.

We do not think that the plaintiff was guilty of contributory negligence in crossing the tracks under the conditions then existing. The jury has found him free from negligence and we think their finding is abundantly supported. He was proceeding on a green light. He had seen the street car when it was more than two car-lengths away, and he saw the prospective passengers waiting to board the street car. He noted nothing unusual in the manner of the operation of the street car that would have put him or any other person, in the exercise of ordinary care, upon notice that the motorwoman would not obey the law and stop her car when warned to do so by the red light. He also had good reason to believe that she would stop the car for the passengers standing on the corner to get aboard.

Operators of street cars must give heed to signs and signals which con-...