Fleet Transportation, Inc. v. Vose

12 Mass. App. Dec. 37
CourtMassachusetts District Court, Appellate Division
DecidedAugust 2, 1956
DocketNo. 703; No. 4982
StatusPublished

This text of 12 Mass. App. Dec. 37 (Fleet Transportation, Inc. v. Vose) is published on Counsel Stack Legal Research, covering Massachusetts District Court, Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fleet Transportation, Inc. v. Vose, 12 Mass. App. Dec. 37 (Mass. Ct. App. 1956).

Opinion

Brooks, J,

This is an action of tort in which plaintiff is suing for damages resulting from a collision between the car which its bailee was operating and defendant’s car. Defendant’s answer is general denial and contributory negligence.

It has been agreed that a fair appraisal of the damage would be $168.72.

There was evidence upon which the court found: "The accident occurred 17 February, 1934 at about 12:45 P-M. It was snowing and visibility was very poor. The location of the accident was on Route No. 2, a public highway in the State of Vermont [38]*38near the city of Montpelier. The plaintiff’s automobile was operated at the time by one Cardella who was the lessee of the plaintiff’s car. The defendant was the operator of the parked car. The plaintiff’s car was coming down a hill towards the defendant’s car. There is a curve at the base of the hill which necessitated a right turn by the plaintiff’s car.

It had snowed during the night and the road had been cleared so that snow was piled on each side of the road. There were two lanes and there was room for cars headed in opposite directions to pass one another. The cleared part of the road was not bare of snow and there was snow on it to an appreciable depth.

"The defendant was proceeding on Route No. 2. He had left Rutland at about 9:00 that morning and was on his way to St. Johnsbury. When he came to the curve, the prospect being picturesque and the defendant being a photographer, he drove his car so that its right side was against the pile of snow cleared from the highway and on his right, and stopped his car about 40 feet from the curve. The defendant got out, but did not turn off his engine or put on his lights, walked to the rear of the car 30 to 40 feet, and started taking moving pictures of the views and the snow storm. There was room for a car to pass defendant’s car.
"The plaintiff’s bailee was driving the -plaintiff’s car down the hill towards the defendant’s car. He was on his right-hand side. He was proceeding at the rate of 20 miles per hour. The defendant’s attention was attracted to the plaintiff’s automobile and he proceeded to take pictures of it as it approached. However, in his excitement he forgot to press the proper button on his camera so that he did not get the picture of the contact. Without objection the court was shown the pictures taken by the defendant. As the plaintiff’s car got into the curve, the driver attempted to make a right turn. He was unable [39]*39to do so and the plaintiff’s car kept straight on and ran head-on into the defendant’s car. The front tires of the plaintiff’s car were smooth. Its back tires had chains.”

In addition to the above the facts reported by the court, defendant testified as follows: “The defendant was employed by a trucking company which operated through Vermont from St. Johnsbury; that he was familiar with the law of the Road in Vermont and the road in question; that it was a State and Federal road, Route No. 2; that the photography was his hobby; that he gave no warning or signal to the operator of the plaintiff’s car; that he believed that he had a right to stop and park his car on the road at 40 feet from the curve at the bottom of the hill; that he admits that he stopped and parked car at place of danger; that the place where the accident occurred is in a rural and sparsely settled district and that the width of the road was narrowed by snow drifts.”

Plaintiff filed the following requests for rulings and upon which the court acted as indicated below:

1. The Court is warranted in finding that the defendant was negligent. (Court’s action) ’'Granted, but the court does not find that any such negligence on the part of the defendant was the proximate cause of the damage to the plaintiff.”
2. The Court is warranted in finding from the evidence and existing circumstances, that the defendant was negligent in stopping and parking his vehicle, without lights, on a public roadway in a rural and sparsely settled district on a curve in the road, at the bottom of a hill, where the width of the road was narrowed by snow drifts, at a time when it was snowing and visibility was poor due to the storm and the roadway was slippery. (Court’s action) "Granted, but the court does not find that such [40]*40negligence on the part of the defendant teas the proximate cause of the damage to the plaintiff.”
3. Under the law of Nash v. Lang, 268 Mass. 407, the negligence of a bailee of a motor vehicle cannot be imputed to the owner of the vehicle, and the owner may recover for the damage to his vehicle caused by the negligence, in part, by the defendant. (Court’s action) "Granted”
4. The Court should find that the operator of the plaintiff was a bailee of said vehicle. (Court’s action) "Granted.”
5. The Court should find that the defendant’s act in stopping and parking his vehicle within the limits of the travelled roadway under the existing circumstances, for the purpose of taking pictures was a negligent act and in violation of his duty to other travelers on the highway. (Court’s action) "Granted, but the Court does not find that any such act on the part of the defendant was the proximate cause of the damage to the plaintiff.”
6. In Vermont, as in other states, parking on a roadway is forbidden. (Court’s action) "Granted.”
7. The Court, is warranted in finding that the conduct of the defendant in parking his vehicle on the roadway under the existing circumstances was a contributing cause of the accident and resulted in the damage to the plaintiff’s vehicle, and the plaintiff is entitled to recover, since the negligence, if any, of the bailee of the plaintiff’s vehicle is not to be imputed to the plaintiff. (Court’s action) "Denied, as the court does not find that the acts of the defendant were the proximate cause of the damage to the plaintiff.”

The court made the following rulings:

[41]*41"The accident having occurred in the State of Vermont, it is to be determined in accordance with the law of that State. It appears by Title 47, Chapter 434, Section XIII, Vermont Statutes, Revision of 1947 that 'A person shall not stop, nor park the motor vehicle he is operating within one hundred and fifty feet of a curve-’ The Court finds that the defendant violated this law and under the law of Vermont such violation is evidence of negligence.
"It seems established, however, by the law of Vermont that the violation of the Statute and the negligence of the defendant must have causal connection with the accident to be the basis for liability. The Court does not find that this violation was the cause of the accident. The accident was caused by the fact that the driver of the plaintiff’s car lost control on the curve and as a result ran into the defendant’s car. The accident would have occurred even if the defendant’s car had been moving at the place of the contact.”

The court found for defendant.

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Bluebook (online)
12 Mass. App. Dec. 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleet-transportation-inc-v-vose-massdistctapp-1956.