Chappelle v. Woodward

368 S.W.2d 245, 1963 Tex. App. LEXIS 2424
CourtCourt of Appeals of Texas
DecidedMay 30, 1963
DocketNo. 14063
StatusPublished

This text of 368 S.W.2d 245 (Chappelle v. Woodward) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chappelle v. Woodward, 368 S.W.2d 245, 1963 Tex. App. LEXIS 2424 (Tex. Ct. App. 1963).

Opinion

WERLEIN, Justice.

This suit was brought by appellee, Jim Woodward, against appellant and his wife, Martha Chappelle, to recover damages for personal injuries resulting from a collision which occurred about 11 o’clock a. m. on October 16, 1959, between an automobile driven by Mrs. Chappelle and an automobile driven by appellee in the City of Houston at the intersection of Sandpiper [246]*246and Sharpview Streets, an open intersection with no traffic control of any kind.

Appellant does not complain of the jury findings of negligence on the part of Mrs. Chappelle proximately causing the collision, but does complain of the jury findings exonerating appellee of contributory negligence. The jury found that appellee, who was driving in a westerly direction on Sharpview, did not fail to keep a proper lookout as he approached the intersection for vehicles approaching such intersection from the north on Sandpiper; that he was not driving at a negligent rate of speed; and that he was not negligent in failing to make such application of his brakes as would have been made by a person of ordinary prudence in the exercise of ordinary care. In his first 9 Points appellant asserts that there is no evidence and also insufficient evidence to support such findings and that the same are so against the great weight and preponderance of the evidence as to be manifestly wrong.

The evidence shows that when appellee was about 30 feet from the intersection of said streets he looked to his right and saw Mrs. Chappelle’s automobile approaching the intersection from the north on Sandpiper. He variously estimated her distance from the intersection at such time as being “75 feet, not less. It could have been more than 60 feet.” He further testified that she was twice as far or more from the intersection as he was; that she could have been more than 60 to 75 feet back; and that she was half a block away, a great distance back. The investigating police officer testified that appellee told him Mrs. Chappelle was about a quarter or a half a block back when he first saw her. Appellant testified that he had been driving 20 miles per hour but he applied his brakes and slowed down to about 15 miles per hour as he entered the intersection because there were children who played in the streets. There is no evidence that he was driving in excess of 20 miles per hour. The speed limit was 30 miles per hour.

Mrs. Chappelle testified that she thought she was driving 35 miles per hour; that she didn’t see appellee until he was in the intersection directly in front of her, and at that time she was not in the intersection but about two seconds away from it; that she was six months pregnant at the time and sort of had her head in the clouds and was oblivious to what was going on around her; that from the time she had left her home some seven miles away, she had been driving in a dazed and oblivious condition; that she was sorry but just didn’t see appellee; that she had paid a fine for negligent collision; and that she didn’t apply her brakes at all and was traveling 35 miles per hour when she struck appellee’s car.

The evidence shows that there were no obstructions which kept appellee from seeing Mrs. Chappelle’s car as he said he did, or that would have kept her from seeing his car. The collision occurred approximately in the center of the northwest quadrant of the intersection, about 4 feet from the north curb line and 7 feet from the west curb line. This indicates that appellee was more than half way across the intersection before his car was struck broadside. It was a clear, dry day. Both streets were paved and were approximately. 26 feet in width.

Appellee testified that as he approached the intersection, he looked to his right and saw Mrs. Chappelle’s car at such distance that the only impression he formed was that he had a clear intersection. He then looked or “cleared” his left side, and then glanced back and Mrs. Chappelle was right at his door and rammed into him. There is nothing to show that he was not keeping a proper lookout or that he was driving at an improper rate of speed.

There is some confusion in appellee’s testimony with respect to whether he realized the speed at which Mrs. Chappelle was driving when he looked to the right and first saw her car. On his deposition he testified that Mrs. Chappelle’s car -syas [247]*247moving but that he did not form any estimate as to the speed of the car; that he was going IS miles per hour and he supposed she was going much faster than that. He was then asked:

“Q. You didn’t form any impression that she was?
“A. No. The only impression that I formed was that I knew that I had a clear intersection. She was going at a tremendous speed.”

He was then asked:

“Q. You did only have that split second impression of her before the inpact?
“A. Yes. I remember flashing through my mind a terrific speed she must have been making.”

At the trial appellee testified on cross-examination, to questions by appellant’s counsel :

“Q. All right, you said when you saw Mrs. Chappelle here (indicating) she was coming at a terrific speed, wasn’t she?
“A. Looked that way.
“Q. You realized that she was coming at a terrific speed?
“A. Looked that way.
“Q. How fast do you estimate she was traveling?
“A. Oh, in excess of 35 to 40 miles per hour.
“Q. That’s what you mean by a terrific rate of speed?
“A. Yes, sir.
“Q. You estimate she was going how fast — 35 to 40?
“A. 35 to 40.”

On cross-examination he also testified as follows:

“Q. That’s the two times you saw her car ?
“A. Yes, sir.
“Q. One thing that flashed through your mind when you saw her back up there half a block away she was traveling at a terrific speed ?
“A. I thought so.
“Q. That’s what flashed through your mind?
“A. Yes, sir — I beg your pardon— what do you mean by when I saw her way back up there at a terrific speed — I didn’t understand you there. If I might add, when I saw Mrs. Chappelle’s car back up there when I cleared to the right I knew and felt that I had the right — after clearing to the left — to cross that intersection or I could have waited for whatever she did, if I had come to a stop.
* * * * * *
“Q. You did have only that split second impression of her before the impact ?
“A. Yes. I remember flashing through my mind a terrific speed she must have been making.
“Q. That is the impression you got just as you entered that intersection ?
“A. Just as she hit me.
“Q. You didn’t get the impression of the terrific speed she was making before that time?
“A. No, sir.
“Q. When did you get the impression of the terrific speed?

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Bluebook (online)
368 S.W.2d 245, 1963 Tex. App. LEXIS 2424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chappelle-v-woodward-texapp-1963.