Armstrong v. Matzat

127 Ind. App. 498
CourtIndiana Court of Appeals
DecidedDecember 14, 1958
DocketNo. 18,817
StatusPublished

This text of 127 Ind. App. 498 (Armstrong v. Matzat) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Armstrong v. Matzat, 127 Ind. App. 498 (Ind. Ct. App. 1958).

Opinion

Crumpacker, J.

The appellee suffered personal injuries as the result of a collision between an automobile in which he was riding as a passenger and one driven by the appellant at the intersection of two public highways about five miles south of the city of Knox, Indiana. Charging that said collision was caused solely by the appellant’s negligence, as specifically set out in the complaint, the appellee brought this suit to recover resulting damages and was awarded a verdict by a jury in the sum of $7,500 upon which judgment was duly entered. This appeal is predicated upon alleged error of the court in refusing to give the jury three instructions tendered by the appellant and in admitting in evidence, over the appellant’s objections, “Plaintiff’s Exibit 6,” which is an engineer’s drawing of the intersection involved.

To fully understand the application of the appellant’s contentions to the facts of the case a description of the intersection is necessary. State Road 10 runs due east and west across Starke County about five miles south of the city of Knox, Indiana. U. S. Highway 35, as it traverses Starke County from south to north, junctions [500]*500with State Road 10 at Bass Lake. From this point the two roads form a common highway in an easterly direction for a distance of a mile or two where they separate, State Road 10 continuing due west and U. S. Highway 35 veering off to the northwest in a sweeping curve, thus forming a type of road intersection commonly called a “Y”. U. S. Highway 35 is a hard surfaced road 22 feet in width and heavily traveled. State Road 10, after it leaves U. S. 35 going west, has an oil mat surface 18 feet in width and bears a much lighter traffic than does U. S. 35. A traveler approaching this junction from the east and intending to pass through it and continue west on State Road 10 has equal rights in the intersection with travelers on U. S. 35. In other words to such a traveler U. S. 35 is not a preferential way. The accident in controversy occurred when a car driven by the appellant entered this Y intersection from the northwest on U. S. 35 and collided with a car in which the appellee was riding as the driver thereof was attempting to pass in a straight line directly through said intersection from the east and continue west on State Road 10.

Upon trial of the case the appellee contended that such accident was due solely to the negligence of the appellant in that the junction of the two roads in question created a dangerous intersection but notwithstanding such fact the appellant drove his car into the same at a high and dangerous rate of speed without maintaining a proper lookout for other cars that might be lawfully in the intersection.

It is conceded by both parties that the junction of roads 35 and 10 at the place of the accident in question constitutes the intersection of two highways within the meaning of §47-1815, Burns’ 1952 Replacement. The appellant contends that the driver of the car in which the appellee was riding was, in effect, making a [501]*501left turn when he attempted to drive straight through the intersection and continue on the left arm of the Y. This being true such driver’s conduct was governed by §47-2023, Burns’ 1952 Replacement (b), which requires a timely signal of an intention to make a left turn at a highway intersection. While the appellant does not contend that the negligent failure of the driver of the appellee’s car to give such a signal can be imputed to the appellee, under the facts of this case, he does say that he had the right to assume, until the contrary appeared, that such driver would obey the law and his failure to give the required signal should be considered by the jury in determining the appellant’s negligence or lack of it.

To cover this theory of his defense, the appellant tendered three instructions each of which presents substantially the same question of law. Each is based upon the premise that under the evidence in this case the car in which the appellee was a passenger was, in legal effect, making a left turn as it crossed the path of southbound traffic on U. S. Highway 35 and its driver was bound to comply with the statute of the State of Indiana with respect to such turns. Each of these instructions was refused by the court and error charged in that respect presents the major question involved in this appeal.

In general terms the problem may be stated thus: Are there circumstances under which the statutes of Indiana, pertaining to left turns on public highways, govern the conduct of the driver of an automobile who is driving straight ahead and, in fact, is not changing the direction of his course in any degree whatever?. The appellant says “yes” and, in summary, his argument is to the effect that our statute pertaining to left turns was enacted to prevent collisions between oncoming automobiles when the course of one automobile [502]*502is across the path of another. That the danger of a collision is neither increased nor decreased by the fact that such crossing may or may not require a left turn in a purely physical sense. Therefore if a straight course is bound to take a driver across the path of an oncoming automobile such driver has a statutory duty to manifest his intention of crossing by signaling a left turn. As the appellant expresses it: “Whenever the driver of Car A has a choice of two courses, one of which will take him to the righthand side of oncoming Car B and the other of which will take him across the path of oncoming Car B the danger of a collision is imminent. It seems obvious that the driver of Car B cannot know which course of travel the driver of Car A is going to pursue in the absence of some signal.” This is an ingenious argument but it seems to us that the rule advocated by the appellant would apply equally to right angle intersections and a driver intending to pass straight through such intersection would be required to indicate his intention of doing so by a left turn signal which would not only be confusing but quite absurd.

There is no case in Indiana that remotely suggests such a construction of our left turn statute but we are referred to Jennings v. Arata (1948), 83 Cal. App. 2d 153, 188 P. 2d 298, which the appellant insists, in the absence of local authority, should be accepted as decisive of the question. The physical layout in the California case is quite similar to that involved here. The defendant was traveling along the stem of a Y junction of Peabody Road and Highway 4. In the direction the defendant was traveling Peabody Road lay straight ahead and Highway 4 made a sweeping curve to the northwest thus forming the Y. The defendant was intending to proceed west on Peabody Road and in attempting to do so he collided with the plaintiff’s car which had entered the intersection from the northwest [503]*503on Highway 4. There was evidence in the case that the defendant had entered the curve and in attempting to reach Peabody Road, which constituted the left arm of the Y, he slanted off his course to the left and collided with the plaintiff’s car. On this state of the evidence the court instructed the jury as to the California statute concerning left turns. The defendant charged error in this respect, contending that the statute pertained only to right angle turns. The court said: “Patently this argument is fallacious.

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Related

Jennings v. Arata
188 P.2d 298 (California Court of Appeal, 1948)
King v. Mortimer
188 P.2d 502 (California Court of Appeal, 1948)
Haven v. Snyder
176 N.E. 149 (Indiana Court of Appeals, 1931)
Reynolds v. State
56 N.E.2d 495 (Indiana Supreme Court, 1944)

Cite This Page — Counsel Stack

Bluebook (online)
127 Ind. App. 498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/armstrong-v-matzat-indctapp-1958.