Coltharp v. Hearin Tank Lines, Inc.

118 So. 2d 881, 239 La. 445, 1960 La. LEXIS 943
Supreme Court of Louisiana·Decided March 21, 1960·No. 43187·Published·Cited by 7 cases

Opinion

VIOSCA, Justice.

This case involves only questions of fact. The district judge, in a comprehensive and well-reasoned opinion, has covered the issues fully. We have reviewed the record and find that there is little that we can add to his opinion. We accordingly adopt it as our own and quote it in full:

“This is a suit for property damages arising out of a collision between a cattle transport truck owned by plaintiff, Coltharp, driven by his employee Eugene Hickman, with Douglas Hickman, also an employee, riding beside the driver, and a gasoline transport truck owned by defendant, Hear-in Tank Lines, Inc., and driven by its employee Winfred Kirkland, who is also a defendant herein.

“The collision occurred in Beauregard Parish, between 12:00 and 1:00 o’clock A.M., September 22, 1954, on U. S. Highway 171, which is a paved road, the paved slab being 18 feet wide, running approximately north and south, at a point about thirteen miles south of the City of De-Ridder. The Coltharp truck was traveling north, which would make its proper lane of traffic the east lane, while the Hear-in truck was traveling south, its proper lane of traffic being the west one.

“Each of the parties contends, both by pleading, evidence adduced and argument, that the accident was caused solely by the negligence of the other in driving on the wrong side of the road, and, for the same reason, defendant additionally pleads alternatively, the contributory negligence of plaintiff’s employee, and reconvenes for the amount of the damages to its truck.

“It was stipulated that the Coltharp truck was damaged to the extent of $2603.55, while defendant’s truck was damaged to the extent of $1954.50, and that of the damages suffered by Coltharp, plaintiff, Southern Farm Bureau and Casualty Company, is subrogated to the extent of $2353.55.

“In view of the stipulation of ownership of the trucks, the damages suffered by each, the subrogation, and that the drivers of the respective trucks were acting within the scope of their employment by their respective employers, but one question remains for decision, and that is one of fact, namely, which one (or both) of the trucks was traveling on the wrong side of the road at the time of the accident.

“The case was tried on April 11 and 12, 1956, resulting in some 266 pages of testimony, but at the request of counsel, was left open for the submission of briefs, the last of which was filed July 20, 1956, and the case submitted as of that date.

“Plaintiffs called to the stand four witnesses to prove their contention that at the *449 moment of the collision and for sometime prior thereto, the Coltharp truck was being driven in the east lane, its proper lane of traffic, and the Hearin Truck was being driven astride the center line of the road with its truck’s left wheels some two or two and one-half feet east of that center line, while defendant called twelve witnesses to prove its contention that its truck was being driven in the west and its proper lane of traffic, and the Coltharp truck was being driven astride the road’s center line, with the truck’s left wheels some two to two and one-half feet west of the road’s center line.

“The testimony offered in support of the respective contentions is hopelessly irreconcilable.

“Of the sixteen witnesses called to the stand, only three saw the accident, namely, Eugene Hickman, who was driving the Coltharp truck, his fellow employee and cousin, Douglas Hickman, who was riding in the cab of that truck, and defendant’s employee, Winfred Kirkland who was driving defendant’s truck and is also a defendant.

“Both Hickmans testified positively that at the moment of the impact between the trucks the Coltharp truck was as far to its right hand or east side of the paved slab of the road as it could get, while the left wheel of the Hearin truck was some two to two and one-half feet on the wrong or east side of the road’s center line. Defendant Kirkland, on the other hand, testified with equal positiveness, that it was the Coltharp truck that was traveling with its left wheels over the center line, and west of that line some two or two and one-half feet, while the truck he was driving was traveling well on its own or the west side of the road with some of its wheels on the road’s west shoulder.

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Coltharp v. Hearin Tank Lines, Inc., 118 So. 2d 881, 239 La. 445, 1960 La. LEXIS 943 (La. 1960).

118 So. 2d 881 (Coltharp v. Hearin Tank Lines, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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