WILLIAMS v. HAAS, 5030
Decision Date | 27 February 1948 |
Docket Number | No. 5030,5030 |
Parties | WILLIAMS v. HAAS. |
Court | New Mexico Supreme Court |
W. C. Whatley and T. K. Campbell, both of Las Cruces, for appellant.
Mechem & Mechem, of Las Cruces, for appellee.
The plaintiff below appeals from a judgment dismissing his complaint following an instructed verdict against him given by the court on defendant's motion at the close of plaintiff's case. Damages for personal injuries suffered in an automobile collision between a car driven by plaintiff and a truck driven by defendant were sought in the complaint filed.
The defendant's motion for directed verdict stated two grounds, namely, (1) that plaintiff was guilty of contributory negligence as a matter of law and (2) that no negligence on defendant's part was shown. The trial judge sustained the motion without stating upon which ground he based his action, nor was he requested by the plaintiff so to do. Nevertheless, in this court, the plaintiff assigns and argues the single claim of error that the trial court erred in holding plaintiff guilty of contributory negligence as a matter of law. Since the defendant seems willing to meet him on this issue, although calling our attention to the state of the record mentioned, we first consider the question thus presented to ascertain whether it settles the case. If it does, our inquiry ceases.
On March 5, 1945, the plaintiff, driving a Chevrolet coupe, was traveling south on a county road in Dona Ana County about four miles south of the village of Chamberino. As he neared the scene of the collision, he came to another county road running east and west and intersecting the north-south road at a right angle in such fashion as to form a T but without bisecting or extending through the east-west road. Withoug coming to a stop, he approached the intersection with his car in intermediate gear, traveling at a speed between 10 and 12 miles per hour. He did not proceed to center of the intersection on the right of the north-south road before turning to the left and east, there being some small mud holes from a recent rain in the intersection on south side of the east-west road. Accordingly, he cut the extreme northeast corner of the intersection of the east-west and north-south roads. He had traveled only 35 feet easterly on the north side of the east-west road when his coupe was struck in the rear, to the right of center, by the defendant's truck traveling east. The plaintiff's car from the force of the impact and its own momentum was propelled some 25 feet in the direction it was going, partially reversed its position, overturned and resulted in the injuries he complains of. When struck, the plaintiff's car was wholly on the north side of the east-west road and had negotiated about 35 feet thereof before being struck.
On approaching the intersection from the direction plaintiff did, in endeavoring to see traffic to the right would have to look through two different sections of a lattice fence some 5 or 6 feet high on west side of north-south road and north side of the east-west road enclosing the yard of what is designated as the Skevington house and coming down to within 12 or 13 feet of the center of the east-west road and within 4 to 5 feet of the north edge of said road. There was also a Chinese Elm tree at the intersection to the right as well as a telephone pole. However, the lattices were separated by sufficient distances to enableone to see through them and at the time of year in question there was no foliage on the tree and neither it nor the telephone pole obscured a view to the right upon entering the intersection from the north. The plaintiff looked both to the left and right on approaching the intersection and seeing no traffic entered the same as aforesaid. The plaintiff's coupe partially reversed its position and turned over pinning the plaintiff's right hand between the body and right door of the car, necessitating amputation of the little finger of his right hand, causing considerable shock and much pain and suffering.
The plaintiff testified regarding conditions existing at the northwest corner of the intersection, as follows:
Again, when cross-examined touching same, he testified:
'
As to manner of entering the east-west road and the time elapsing after entering same before being struck, the plaintiff stated:
...
To continue reading
Request your trial-
Horrocks v. Rounds
...Isaac v. Seguritan, 66 N.M. 410, 349 P.2d 126; Hartford Fire Insurance Company v. Horne, 65 N.M. 440, 338 P.2d 1067; and Williams v. Haas, 52 N.M. 9, 189 P.2d 632. Appellants did not point out this specific vice to the trial court in their objection to the instruction, and thus it was insuf......
-
Bouldin v. Sategna
...201, 100 P.2d 229; Gilbert v. New Mexico Const. Co., 39 N.M. 216, 44 P.2d 489; Martin v. Gomez, 69 N.M. 1, 363 P.2d 365; Williams v. Haas, 52 N.M. 9, 189 P.2d 632; Shepard v. Graham-Bell Aviation Service, Inc., 56 N.M. 293, 243 P.2d By nothing which we have said do we wish to be understood ......
-
Bailey v. Jeffries-Eaves, Inc.
...vehicle struck another vehicle which was stalled on the roadway. We agree with the holding in two of those cases, Williams v. Haas, 52 N.M. 9, 189 P.2d 632, and White v. Montoya, 46 N.M. 241, 126 P.2d 471, that contributory negligence is a question generally for the jury; however, we do not......
-
Sandoval v. Brown
...he was guilty of negligence per se. However, he cites the cases of McMinn v. Thompson, 61 N.M. 387, 301 P.2d 326; Williams v. Haas, 52 N.M. 9, 189 P.2d 632; Curtis v. Schwartzman Packing Co., 61 N.M. 305, 299 P.2d 776; Terry v. Bisswell, 64 N.M. 153, 326 P.2d 89, and Scofield v. J. W. Jones......