York Motor Exp. Co. v. State, for Use of Hawk

• Decision Date: 08 June 1950
• Docket Number: 195.
• Citation: York Motor Exp. Co. v. State, for Use of Hawk, 74 A.2d 12, 195 Md. 525 (Md. 1950)
• Parties: YORK MOTOR EXPRESS CO. v. STATE, for Use of HAWK et al. YORK MOTOR EXPRESS CO. v. LUTCHKO. YORK MOTOR EXPRESS CO. v. DEAN.
• Court: Maryland Court of Appeals

74 A.2d 12

195 Md. 525

YORK MOTOR EXPRESS CO. v. STATE, for Use of HAWK et al.

YORK MOTOR EXPRESS CO. v. LUTCHKO.

YORK MOTOR EXPRESS CO. v. DEAN.

No. 195.

Court of Appeals of Maryland.

June 8, 1950

[74 A.2d 13] Page 14

Jesse Slingluff, Jr., Franklin G. Allen, Baltimore (Marbury, Miller & Evans, Baltimore, on the brief), for appellant.

Theodore Sherbow, Baltimore (James J. Lindsay, Jr., Baltimore, on the brief), for appellees Marion Hawk and John Lutchko.

Before MARBURY, C J., and DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL JJ.

DELAPLAINE, Judge.

These three cases arose out of a collision on York Road between a convertible Ford coupe owned and driven by Herbert E. Dean, age 23, of Baltimore County, one of the plaintiffs, and a tractor-trailer owned by York Motor Express Company defendant, and operated by Edward E. Donnelly, age 25, of Lancaster, Pennsylvania. The accident happened on February 26, 1948, about 2:30 a. m. Dean was seriously injured, and William Patrick Hawk, a passenger in his automobile, was killed.

The testimony of Dean and Donnelly, the only eyewitnesses of the accident, was in irreconcilable conflict, and resort was had to the testimony of witnesses describing the location of the vehicles and the marks and debris on the road after the accident. From this testimony the jury found that Donnelly was negligent, but Dean was not, and awarded a verdict in each case in favor of plaintiff against York Motor Express Company.

In the suit brought by the State of Maryland for the use of Hawk's widow and infant son, the jury rendered a verdict for $15,000.

In the suit brought by John Lutchko, administrator of Hawk's estate, to recover funeral expenses, the jury rendered a verdict for $300.

In Dean's suit for damages, the jury awarded $2,500.

Defendant appealing here from the judgments entered upon the verdicts, complains of the trial judge's refusal to enter judgments n. o. v.

The vehicles collided on a sharp curve between two hills about three miles north of Parkton in Baltimore County. Dean was driving north toward York, Donnelly south toward Baltimore. Dean testified that while he was driving downgrade at a speed of not more than 30 miles an hour, he saw the headlights of defendant's tractor-trailer coming down the next hill. He estimated that it was traveling at a speed of between 50 and 60 miles per hour, and when it was about 200 feet away it swerved across the center line but went back, and when about 100 feet away it came across the line again, and this time the tractor crashed into his car while the trailer 'jackknifed' toward the tractor at an angle of 45 degrees.

On the contrary, Donnelly testified that the Ford coupe hit the tractor-trailer west of the white center line. He claimed that as there had been a drizzling rain during the night, the road was wet and slippery, and he applied his brakes gently, fearing that if he tried to stop suddenly the trailer would 'jackknife.' But he said that the trailer broke loose from the tractor, and he could not then apply the brakes, as the air hose broke when the trailer became disconnected. According to one of the police officers, the tractor went more than 100 feet into the field on the east side of the road. The trailer turned over and landed on top of the rear end of the Ford, which stopped in the center of the road, with its front east of the center line and its rear west of it.

Appellant contended that there was no competent evidence of negligence on the part of defendant legally sufficient to justify submission of the cases to the jury. In automobile accident cases, as in other negligence actions, the party alleging that he has sustained injury as the result of negligence of another in the operation of an automobile has the burden of establishing negligence on the part of the defendant by a preponderance of the evidence. But a case should not be withdrawn from the jury if there is any testimony of sufficient probative force and any inferences of fact fairly deducible therefrom to enable an ordinarily intelligent mind to draw a rational conclusion therefrom in support of the plaintiff's right to recover. If there is any evidence competent, pertinent and coming from a legal source, however, slight, legally sufficient to prove the plaintiff's case, a demurrer prayer should not be granted. State, for Use of Bowman, v. Wooleyhan Transport Co., Md., 65 A.2d 321.

First of all, we have Dean's positive testimony that he did not cross the white center line, and that Donnelly while driving the tractor-trailer at high speed suddenly swerved across the line, thereby causing the collision. Next, we have testimony as to the size and weight of the tractor-trailer. It was a large and heavy truck, 8 feet wide and 35 feet in length, and weighing over four tons, and carrying a load of more than ten tons. It is common knowledge that it has been the tendency in recent years to increase the size and weight of trucks used on the public highways. In cases arising from collisions, the size and weight of such vehicles are important factors in determining questions of negligence. The drivers of these vehicles, having knowledge of their width and length, owe to other motorists on the highway the duty to take these elements into consideration in the operation of their vehicles. The fact that some vehicles are of a greater size or weight than the average car gives them no additional rights on the highways. Every motorist is required to exercise ordinary care in the operation of his vehicle in view of all the circumstances. Nevin Bus Line v. Paul R. Hostetter Co., 305 Pa. 72, 155 A. 872.

Further, we have the testimony as to the foggy atmospheric condition and the slippery condition of the road and the inability of the truck driver to explain how the tractor and trailer became disconnected. Evidence of bad atmospheric conditions existing at the time of an accident, such as fog, is admissible as bearing upon the range and extent of visibility as well as upon the degree of care and caution that should be exercised by motorists under such conditions. While the skidding of an automobile is not of itself so unusual as to furnish evidence of the driver's negligence, nevertheless the speed of the automobile prior to the skidding and the care in handling it particularly in the application of the brakes, are factors to be...