Bourg v. Stone

District of Columbia Court of Appeals

Bourg v. Stone

107 A.2d 659, 1954 D.C. App. LEXIS 169

CourtDistrict of Columbia Court of Appeals

DecidedSeptember 10, 1954

DocketNo. 1518

StatusPublished

Cited by1 cases

This text of 107 A.2d 659 (Bourg v. Stone) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bourg v. Stone, 107 A.2d 659, 1954 D.C. App. LEXIS 169 (D.C. 1954).

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Opinions

HOOD, Associate Judge.

This case arose out of an automobile collision at the intersection of Sixth and E Streets. Plaintiff was driving north on Sixth Street and defendant was driving south on the same street. At the intersection defendant made a left turn and although plaintiff applied his brakes and skidded 33% feet the collision occurred. Plaintiff testified he was traveling 20 to 25 miles an hour before he applied his brakes. Defendant testified he made the turn at about 10 miles an hour and never applied his brakes. The trial court found that defendant was negligent, but also found that plaintiff was contributorily negligent and accordingly denied recovery.

On this appeal plaintiff earnestly urges that the trial court was in error in finding that he operated his automobile at a rate of speed unreasonable under the circumstances and that he failed to keep a proper lookout. The finding of the trial court was one of fact. We cannot say it was so plainly wrong as to justify a reversal. Nolan v. Werth, 79 U.S.App.D.C. 33, 142 F.2d 9.

Affirmed.

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HOOD, Associate Judge.

This case arose out of an automobile collision at the intersection of Sixth and E Streets. Plaintiff was driving north on Sixth Street and defendant was driving south on the same street. At the intersection defendant made a left turn and although plaintiff applied his brakes and skidded 33% feet the collision occurred. Plaintiff testified he was traveling 20 to 25 miles an hour before he applied his brakes. Defendant testified he made the turn at about 10 miles an hour and never applied his brakes. The trial court found that defendant was negligent, but also found that plaintiff was contributorily negligent and accordingly denied recovery.

On this appeal plaintiff earnestly urges that the trial court was in error in finding that he operated his automobile at a rate of speed unreasonable under the circumstances and that he failed to keep a proper lookout. The finding of the trial court was one of fact. We cannot say it was so plainly wrong as to justify a reversal. Nolan v. Werth, 79 U.S.App.D.C. 33, 142 F.2d 9.

Affirmed.

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107 A.2d 659, 1954 D.C. App. LEXIS 169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bourg-v-stone-dc-1954.

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