Burton v. Southwestern Gas & Electric Co.

107 So. 2d 62, 1958 La. App. LEXIS 786
CourtLouisiana Court of Appeal
DecidedOctober 30, 1958
DocketNo. 8896
StatusPublished
Cited by4 cases

This text of 107 So. 2d 62 (Burton v. Southwestern Gas & Electric Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burton v. Southwestern Gas & Electric Co., 107 So. 2d 62, 1958 La. App. LEXIS 786 (La. Ct. App. 1958).

Opinion

GLADNEY, Judge.

This suit was filed on behalf of Mrs. Lola Poland Burton against the Southwestern Gas & Electric Company for the purpose of recovering damages occasioned by personal injuries received in an automobile accident on February 5, 1957, within the city limits of Shreveport, Louisiana. Following a trial of the case on its merits the district judge rejected plaintiff’s demands and in doing so, assigned as his reasons for judgment: (1) That the proximate cause of the accident was the negligence of the driver of the car in which plaintiff was a passenger; (2) That there was no negligence on the part of V. L. Brandon, driver of the defendant’s vehicle; and (3) That if Burton could be considered negligent, then in such event Mrs. Burton was guilty of contributory negligence in allowing her son to drive without lights. Plaintiff has appealed from the judgment so rendered.

On the date of the accident, as above stated, in the latter part of the afternoon, Mrs. Burton went for a pleasure ride in a Ford sedan owned and driven by her minor son, James E. Burton, and the latter’s friend, Lawrence Bamburg. Mrs. Burton was seated on the front seat between her son and Bamburg. They left the Burton home some time after 5:00 o’clock P.M. and after riding about for some time they started east on Seventieth Street, a two-lane thoroughfare with pavement 25 feet in width and having five foot shoulders on each side. When the vehicle arrived at the “T” intersection of Seventieth Street with Bur-lingame Street, which enters Seventieth Street from the south, a collision occurred between the Burton automobile and a Ford truck owned by the defendant and driven by its employee, Brandon. The undisputed evidence shows that James Burton applied his brakes and the wheels of his vehicle skidded a distance of 36 feet before colliding with the truck at a point about 25 feet east of the intersection and in the proper lane of travel for the Burton car. In the ensuing collision the occupants of the Burton car received injuries and were taken to the Schumpert Sanitarium where they were treated by Dr. Otis Broyles.

Charges and counter charges of negligence are impleaded. V. L. Brandon is alleged to have been guilty of actionable negligence in driving onto the left side of the street and in making an improper turn before reaching the intersection, in not maintaining a proper lookout, in not keeping his vehicle under control, and by driving without lights and with mechanically defective brakes. Similar-charges were made against James Burton and alternatively, Mrs. Burton is said to have been guilty of contributory negligence in permitting her son to drive after dark without lights.

The evidence establishes that Brandon, who was traveling west along Seventieth Street, commenced the execution of a left turn into Burlingame when he arrived at a point about four car lengths east of the intersection and in so doing had crossed the center line and at least partially blocked the lane of travel assigned to oncoming vehicles. It is equally clear Brandon failed to see the approach of the Burton car until almost at the moment of impact, and was traveling at a low rate of speed of approximately five miles per hour. As pointed out above, the impact occurred at a point in Burton’s lane of travel about 25 feet east of the intersection. James E. Burton, at the time of the accident, had not turned on his lights, although Brandon had, and the preponderance of the testimony is his blinker signal for a left turn was being indicated. Also, the street lights which lighted up the intersection had already come on before the [64]*64occurrence of the collision. Officer Col-lingsworth of the Shreveport Police Department, who arrived shortly after the collision for the purpose of investigating the accident, testified the Ford sedan showed 36 feet of skid marks from the front wheels prior to the impact, but none with the rear wheels and gave his opinion the brakes on the rear wheels of the Burton car were not holding. The evidence fails to substantiate in any wise the defendant’s charges of negligence with reference to speed and failure of James Burton to maintain a proper lookout.

It cannot be doubted that Brandon was guilty of negligence by violating the provisions of LSA-R.S. 32:235, subd. B which enjoin a motorist when intending to turn to the left to approach such intersection in the lane for traffic to the right of and nearest the center line of the highway and in turning, to pass beyond the center of the intersection, passing as closely as practicable to the right thereof before turning to the left. Instead of complying with this traffic rule, Brandon attempted to cut across a corner and in doing so improvidently invaded Burton’s traffic lane.

It is earnestly argued the driver of the Burton vehicle was negligent in not turning on his lights and that his failure to do so was the proximate cause of the accident. The occupants of the Burton car uniformly testified it was not sufficiently dark to require the lights of a motor vehicle to be on at the time of the impact. Evidence was likewise furnished which would indicate the accident occurred shortly after 6:00 o’clock P.M., despite the testimony of plaintiff’s witnesses that it occurred prior to 6:00 o’clock P.M. Mr. Parker, an official of the Southwestern Gas & Electric Company, testified the street lights automatically were turned on at dark by means of an electronic device. Following our careful review of all the testimony relating to the question of darkness, we find ourselves unable to determine the extent of visibility in the area not affected by street lights. Nor do we think it important to resolve this point, for the street lights and the lights of a number of other motor vehicles traveling at the time along Seventieth Street undoubtedly gave off a certain amount of illumination. In approaching the point of collision the Burton car had traversed the intersection and proceeded about 25 feet before arriving at the point of the impact. The area through which the car passed was illuminated by the street lights and the lights of defendant’s truck were likewise directed toward the approaching Ford sedan. Under these circumstances we are of the opinion V. L. Brandon would have seen the approaching Burton vehicle had he been looking. And we are certain had he timely observed the approach of young Burton’s car, he would not have invaded the wrong traffic lane. It is our finding, therefore, that the absence of headlights on the Burton car was not a proximate cause of the accident. We say this for the reason that we can find no reasonable excuse why Brandon did not see the approach of the unlighted Ford sedan.

It is our further conclusion the defendant has failed to establish its plea of contributory negligence resting upon the testimony of Officer Collingsworth that the skid marks of the Burton vehicle indicated its rear brakes were not holding. No satisfactory explanation is given by the officer as to how he arrived at this determination and we are unwilling to accept it as expert opinion evidence. The evidence, in fact, is directly contradicted by the testimony of James E. Burton and his father, who also drove the car, that the brakes were good and not defective. Our findings as hereinabove recorded exonerate James E. Burton from any act of negligence which can be said to have been a proximate cause of the collision.

Mrs. Burton in her original petition alleged injuries to the muscles, tissues, cartilage, nerves and bones in her chest, left leg and both arms. Approximately five months later she filed a supplemental and amended petition in which she alleged further injuries to the left hip, the neck, brain, eyes and back.

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Bluebook (online)
107 So. 2d 62, 1958 La. App. LEXIS 786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burton-v-southwestern-gas-electric-co-lactapp-1958.