Gatewood v. Cooper

66 N.W.2d 472, 245 Iowa 1281, 1954 Iowa Sup. LEXIS 498
Supreme Court of Iowa·Decided October 19, 1954·No. 48510·Published·Cited by 2 cases

Opinion

Bliss, J.

— About nine o’clock in the evening of June 27, 1952, plaintiffs, in their 1946 Ford, were traveling south out of Dubuque on Rockdale Road. It was a clear night and the road was dry. Mr. Gatewood, an experienced truck driver, was *1283 driving, and bis wife, Buby, was sitting in the front seat with him. • Going up a slight incline, the car with headlights on, traveling on the right or west lane of the highway, approached Grandview Avenue. There was a “SLOW” sign as they approached the intersection. The posted speed limit at the intersection was thirty-five miles, m.p.h. The speed of the car was reduced from twenty-five miles an hour to between fifteen and twenty miles. Gatewood was familiar with the highway and the intersection. The highway was twenty-four feet between the curbs north of the intersection, and forty-two feet wide south of it. Grandview Avenue was thirty-nine feet wide between curbs. At the southwest corner of the intersection was a combination grocery store and a Sinclair Oi'1 Company service station. At the southeast corner was a service station and adjoining it on the south was a combination tavern and restaurant facing west on Bockdale Boad, known as Buelow’s Tavern.

That same evening the defendant and Mrs. Cooper and the latter’s sister, Elizabeth Pfeiffer, and her husband-to-be, Fred Pratt; were riding in the Cooper 1938 Dodge sedan to the house of Dr. Clarence A. Darrow, which was on Grandview Avenue about four blocks west of the intersection above-mentioned. Their purpose in calling on Doctor Darrow was to arrange for a blood test for Elizabeth and Fred, preliminary to their marriage. It was a little early for their appointment, and about 8 :30 p. m. the group stopped at Buelow’s Tavern for refreshments, where they remained until about nine o’clock. The defendant had parked the car at the tavern parking place east of Bockdale Boad, and after all were in the ear he backed it west and south, to about 100 feet south of the south intersection line, and proceeded north toward the intersection in the right or east lane of Bockdale Boad, traveling in low gear, at a speed of about 12 m.p.h., with his left arm, according to his testimony, extended throughout the distance for a left or west turn. When he was about forty feet from the intersection he saw headlights to the north. They were the headlights of plaintiffs’ car. Defendant testified:

“1 could not tell how far down the hill they were at that time. I came onto the intersection and made a full left-hand *1284 turn, and at that time I looked again toward Dubuque and saw the lights about 200 feet or a little more away. At that time I estimated that the other ear W3,s doing about forty to forty-five miles an hour. At that time I figured that distance away I could make the turn. After I made that observation I proceeded to go right on and make my turn. I didn’t stop. I took my left hand in and took hold of the wheel and I saw him so far down the highway that I just made my left-hand turn. I turned far enough around with respect to the car that was stopped at or about the west stop sign on Grandview Avenue to go around him directly west. That was when I got struck by the Gate-wood car.”

The “Findings of Fact” by the district court were not in accord with defendant’s version of the collision. The court said:

“As plaintiffs’ car approached the intersection of said Rockdale Road with Grandview Avenue, it was being operated at a reasonable and proper rate of speed, which speed was reduced as the car neared the intersection. At said time and place, the defendant, Edwin I. Cooper, was driving his car in a northerly direction on Rockdale Road toward the intersection with Grandview Avenue, with his wife and two other persons as passengers. As it reached the intersection, the defendant turned his car to the left into Grandview Avenue and cut the corner so as to place said automobile directly in the path of plaintiffs’ automobile approaching from the opposite direction. The headlights on both cars were lighted, and as defendant proceeded to make said left turn the position of plaintiffs’ oncoming car which was proceeding to enter the intersection was such as to constitute an immediate hazard, which would be apparent to defendant if he was maintaining a proper lookout. The front end of plaintiffs’ car struck the right side of the defendant’s car, said collision taking place in the southwest portion of said intersection and causing damage to both cars. The proximate cause of said collision was the negligence of the defendant in the following respects:

“1. In turning his vehicle from a direct course on said highway directly in front of plaintiffs’ automobile.

*1285 “2. In failing to yield the right of way to plaintiffs’ automobile which was approaching from an opposite direction within the intersection or so close thereto as to constitute an immediate hazard.

“3. In failing to maintain a proper lookout for vehicles approaching from the opposite direction including plaintiffs’ vehicle.

“Plaintiffs # * * were both free from any negligence contributing to the happening of said collision. * *

The court commented on the severe and painful injuries received by Ruby Gatewood. It was stipulated that the reasonable cost of repairs to plaintiffs’ car was $377.72.

• The fact findings and the judgment of the trial court are preponderantly sustained by the evidence. Mr. Gatewood testified that: as he approached the intersection the amber light was on for north-and-south traffic, and the red light was on against east-and-west traffic; he slowed up for the intersection and saw no cars either to the right or left of the intersection; he was about ten feet north of the intersection when he first saw defendant’s car about ninety feet to the south approaching the intersection in its proper lane — the east lane of Rockdale Road; he [Gatewood] proceeded through and was over halfway through the intersection, and defendant made a left turn directly in front of him; the intersection is divided into equal quarters. Continuing, the witness testified:

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Gatewood v. Cooper, 66 N.W.2d 472, 245 Iowa 1281, 1954 Iowa Sup. LEXIS 498 (iowa 1954).

66 N.W.2d 472 (Gatewood v. Cooper) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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