Dufore v. Daugereaux

122 So. 2d 666
CourtLouisiana Court of Appeal
DecidedJune 29, 1960
Docket5066
StatusPublished
Cited by11 cases

This text of 122 So. 2d 666 (Dufore v. Daugereaux) 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
Dufore v. Daugereaux, 122 So. 2d 666 (La. Ct. App. 1960).

Opinion

122 So.2d 666 (1960)

Warren DUFORE, Plaintiff-Appellant,
v.
Jean DAUGEREAUX et al., Defendants-Appellees.

No. 5066.

Court of Appeal of Louisiana, First Circuit.

June 29, 1960.
Rehearing Denied September 15, 1960.

*667 C. Kenneth Deshotel, Opelousas, for appellant.

Davidson, Meaux, Onebane & Donohoe, Lafayette, for appellees.

Before TATE, MILLER and PUGH, JJ.

TATE, Judge.

At 10 o'clock on the clear morning of March 7, 1959, the plaintiff Dufore, while driving his passenger automobile, collided with the defendant Daugereaux' vehicle. This suit against the latter and his liability insurer is brought by Dufore to recover damages suffered by him as a result of this intersectional collision. A companion suit brought by Dufore's collision insurer was consolidated with the present for purposes of trial and appeal. La.App., 122 So.2d 674.

The trial judge held that the plaintiff's recovery was barred by his negligently excessive speed (45-55 mph) at the time of the accident, and he dismissed these companion suits. In reaching this conclusion, the trial court held that the reasonableness of the plaintiff's speed at the time of the accident was governed by an ordinance of the incorporated town of Church Point providing for a maximum speed limit within corporate limits of 25 mph.

The principal contention advanced by this appeal is that the reasonableness of the plaintiff's speed should be determined not by the municipal speed limit of Church Point, which allegedly was not reasonably posted, but rather by what would ordinarily be considered a safe and reasonably prudent speed upon a through highway in open country (not to exceed the maximum state speed limit of 60 mph, LSA-R.S. 32:223), since the site of the accident was *668 in open farmland even though within the corporate limits of Church Point.

The accident occurred at the intersection of West Ebey Street (Louisiana Highway 178) and Sunset Road (Louisiana Highway 1104), which is variously estimated by the witnesses as being either one-tenth or one-half of a mile within and south of the northern corporate limits of Church Point, stipulated to be an incorporated town of less than five thousand inhabitants.

West Ebey Street runs in a north-south direction and is black-topped. It is the main highway between Church Point and Opelousas, and entrance onto it from the side-roads is inhibited by stop-signs. The plaintiff was proceeding on this highway northward towards Opelousas immediately prior to the accident.

The defendant driver, coming from the east, came onto West Ebey Street from Sunset Road, a gravelled side-road, having first stopped at a stop-sign inhibiting his entrance and having observed (he said) no oncoming traffic.

At the place of the accident West Ebey Street is in open country. From the place where West Ebey Street leaves Church Point's main business district (about sixtenths of a mile south of the accident) and along this highway as it passes northward through a thinning residential district into open country and thence (passing the point of the accident) past the corporate limits, there are no signs placed upon this highway to indicate to northbound traffic any municipal or other speed limit. As to southbound traffic entering Church Point, however, there is a sign on the highway at the corporate limits one-half (or one-tenth) of a mile north of the scene of the accident stating that the speed limit is 25 mph, and there is another such sign a short distance north of the site of the accident, but also facing only southbound traffic entering Church Point.

I.

The defendants suggest that there is no evidence that the stop-signs inhibiting the entrance from Sunset Road onto West Ebey Street were so placed pursuant to statute or ordinance; and that therefore the defendant driver, being in the vehicle approaching from the right, had the right of way, since there is no evidence that West Ebey Street had been designated by law as the favored street. LSA-R.S. 32:237, subd. A; Pardue v. Norred, La.App. 2 Cir., 95 So.2d 363; National Retailers Mut. Ins. Co. v. Harkness, La.App. 2 Cir., 76 So. 2d 95.

In our opinion, the cited decisions insofar as not factually distinguishable do not provide the correct principle to be applied to determination of the question of which was the favored street at the present intersection. The stop-signs inhibiting the entrance of traffic onto West Ebey Street, which had been similarly situated for at least five years, were apparent to motorists on both streets. In allocating fault between motorists involved in an accident, it seems to us that reasonably prudent motorists should properly rely upon such stop-signs and can properly expect oncoming motorists also to rely upon them. Reasonably prudent motorists should not collaterally attack the constitutional or legal authority by which stop-signs are erected by simply ignoring them, at the peril of being involved in an accident with other traffic which may rely upon such signs. And, as a matter of fact, there is no evidence to indicate that the stop-signs were not properly placed pursuant to Church Point ordinance or State statute. See LSA-R.S. 32:343, 344.

II.

Without detailed discussion of the evidence, we shall simply state that the evidence shows that the plaintiff is entitled to recovery if his speed at the site of the accident is not subject to the maximum of 25 mph provided by the Church Point ordinance. Prior to the accident, he had left the business district of the town and was proceeding northward on West Ebey Street when the defendant's car suddenly crossed into his path from the gravelled side-road. *669 The defendant had stopped for a stop-sign, looked and failed to see the oncoming plaintiff, and had proceeded into the roadway in derogation of the plaintiff's right of way. The evidence proves that the defendant must have entered into the plaintiff's path when the plaintiff was less than 200 feet distant (adding to his skidmarks the distance travelled during maximum reaction time), so that if the plaintiff was entitled to be approaching at a speed of 45-55 mph he could not reasonably have avoided the accident following the defendant's sudden entry into his path. See Steele v. State Farm Mut. Ins. Co., 235 La. 564, 105 So.2d 222; Guillory v. Frank, La. App. 1 Cir., 95 So.2d 197; Fike v. McGraw, La.App. 1 Cir., 88 So.2d 713.

On the other hand, if indeed the maximum speed limit at the time and place of the accident was 25 mph, then the excessive speed of the plaintiff might reasonably be held to have contributed to the accident.

(Counsel for the appellees further persuasively argues that the physical results of the impact demonstrate that the plaintiff was approaching at a speed substantially in excess of the 45-55 mph to which he and his passenger testified. We do not agree that this physical evidence is of such a nature, under the circumstances of this case, as to require us to discount as false sworn and apparently truthful testimony concerning the vehicle's speed. See, e. g., Steele case, above-cited, at 105 So.2d 225.)

III.

In determining whether the municipal speed limit of 25 mph applied at the place of the accident, chiefly involved is an interpretation of the statutory provision now incorporated in the LSA-Revised Statutes as Section 229, subd. B of Title 32:

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Bluebook (online)
122 So. 2d 666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dufore-v-daugereaux-lactapp-1960.