Voiles v. Hunt

• Decision Date: 16 February 1932
• Docket Number: No. 41189.,41189.
• Citation: 213 Iowa 1234,240 N.W. 703
• Parties: VOILES v. HUNT ET AL.
• Court: Iowa Supreme Court

213 Iowa 1234

240 N.W. 703

VOILES

v.HUNT ET AL.

No. 41189.

Supreme Court of Iowa.

Feb. 16, 1932.

Appeal from District Court, Monona County; Robert H. Munger, Judge.

Action to recover for personal injuries and property damage sustained by plaintiff in an automobile accident. The cause was submitted to the jury, resulting in a verdict for defendants. Judgment was entered thereon, and plaintiff moved to have the verdict and judgment set aside or to be granted a new trial. The said motion was denied. Plaintiff appeals.

Reversed.

Prichard & Prichard, of Onawa, for appellant.

Gill & Gill, of Sioux City, for appellees.

DE GRAFF, J.

The plaintiff-appellant was driving her Ford car north on a paved highway, 18 feet in width, when she approached a wagon drawn by a team of horses at a walk going in the same direction. Plaintiff was just starting up the incline of an overhead railroad crossing. The defendant-appellee Hunt was driving a truck some distance to the rear of plaintiff and in the same direction. Hunt was driving the truck for his codefendant McCall, who was the owner of the truck. The plaintiff saw a car approaching from the north over the overhead crossing and slowed her car to the speed of the wagon. She was driving on the right-hand side of the road. She attempted to pass the wagon, and in so doing she turned out to go around it, but, observing a car coming from the north, she turned back in behind the wagon and in so doing necessarily brought her car to a stop or almost to a stop without giving the hand signal. The plaintiff testified that in using her brakes at that time the stop light automatically flashed on. The defendant Hunt testified that he observed no signal from the plaintiff or her car that would indicate to him that she was about to stop or turn back into the path of his car. The defendant Hunt testified: “As she went around me about 600 feet south of where the accident took place she pulled in front of me and as she started up this incline I was about 60 feet behind her and as she neared the overhead crossing she pulled out to go around the wagon and suddenly without any warning or signal turned back in behind the wagon and we could not avoid the accident. * * * I could not see the other car from the north until after she started to pull out. I couldn't say how for the car coming from the north was away when she started to pull back in.”

John Wagner, a witness for the defendants testified: “I noticed Mrs. Voiles' (plaintiff's) car as she started to pull out around the wagon. The wagon was just going up the raise. I couldn't say how far her car was behind the wagon at that time. She just pulled out as if she was going to go by the wagon and just as she pulled out far enough so she could see by the wagon she pulled back in. I couldn't say how it came to happen as to the truck striking her. I think that she had gone clear back in behind the wagon before the truck hit her. It occurred to me just like she had pulled back behind the wagon when the truck struck her. I could not see the other car coming south there at all. * * * My notion is as Mrs. Voiles turned to get back in behind the wagon as near as I could tell she came to a stop to get in line with the wagon that was ahead of her.”

The driver of the car coming from the north, called as a witness on behalf of the plaintiff, testified: “On the afternoon of October 11, 1930, I was travelling on Federal Highway No. 75 north of Onawa going south. I came down over the overhead crossing about a half mile north of Onawa. At that time, or shortly afterwards, I saw the plaintiff, Mrs. Voiles. As I was coming down the hill there was a wagon and a Ford Coupé was behind the wagon and there was a truck behind the Ford Coupé. All three were coming north. As I was coming down the hill the truck evidentlyintended to pass the Ford and the wagon. As he (driver) turned back in, the truck bumped the Ford from the rear and bumped the Ford into the wagon.”

The plaintiff testified in answer to a question as to what happened after she passed the truck: “Well, I drove on up the road and there was a wagon ahead of me 300 or 400 feet. I looked in my glass and the truck seemed to be 15 or 20 rods behind me, anyway 15 rods, and I started to pull out and saw the car coming on the overhead crossing. I knew I couldn't get by the wagon. I didn't have time and was not going fast enough to go ahead of the wagon and I put on my stop light and...