Greyhound Corporation v. White

323 S.W.2d 578
CourtCourt of Appeals of Kentucky (pre-1976)
DecidedDecember 12, 1958
StatusPublished
Cited by15 cases

This text of 323 S.W.2d 578 (Greyhound Corporation v. White) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky (pre-1976) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greyhound Corporation v. White, 323 S.W.2d 578 (Ky. 1958).

Opinions

CULLEN, Commissioner.

As a result of a collision involving a Greyhound bus, a school-bus of the Hardin County Board of Education, and an automobile driven by Francis E. White, the wife [580]*580and infant daughter of White were injured. They sued the Greyhound Corporation and its bus driver, and the school board and its bus driver. Mr. White also was made a defendant in his wife’s suit. Upon the trial, the court directed a verdict in favor of the school board and its driver, and the jury returned a verdict in favor of Mr. White but against the Greyhound Corporation and its driver, awarding damages of $15,000 to Mrs. White and $10,000 to the daughter. Judgment was entered accordingly.

The Greyhound Corporation and its driver have appealed, maintaining that their motions for a directed verdict and for judgment notwithstanding the verdict should have been sustained. Mrs. White and her daughter also have appealed, both contending that the court erred in directing a verdict in favor of the school board and its driver, and Mrs. White contending further that her husband was negligent as a matter of law and there should have been a directed verdict against him.

A statement of the facts of the accident is necessary.

The Greyhound bus was proceeding south on U. S. Highway No. 31-W around 7:00 a. m. on October 3,1956. The left front tire of the bus went flat, and after slowing gradually for a distance of some 500 feet the driver pulled the bus off the road on the right (west) shoulder and brought it to a stop. The shoulder extended only about six feet from the edge of the pavement to a ditch, and the bus was eight feet wide, so after pulling over as far as possible, a portion of the bus still remained on the pavement. The evidence was that the left front wheel was three feet, ten inches, and the left rear wheel about two feet, from the edge of the pavement.

At the point where the bus stopped the pavement was 20 feet wide, and the road was straight, with unobstructed view, for a distance of one-half mile in each direction. It had been raining, and after the bus stopped it started to rain again. The driver put out two flares behind the bus, one about 60 or 75 feet back and the other about 120 feet back. The driver then made preparations for changing the tire.

The Greyhound bus had been standing about 20 minutes when a school bus of the Hardin County Board of Education approached from the north proceeding south as the Greyhound had been. There was a farm dwelling across the road (on the east) from the point where the Greyhound had stopped, and the walkway leading to the door of the dwelling was a short distance north of the rear of the Greyhound. There were children at this dwelling, waiting for the school bus, and the driver of the school bus, in order to pick up the children, pulled the school bus into the left (east) traffic lane and stopped in that lane about opposite the walkway leading to the dwelling. At the point where the school bus stopped, the distance from the front of the school bus to the rear of the Greyhound was somewhere between 34 feet and 80 feet. One witness said it was 34 feet, one said it was 51 feet, and another estimated it was around 80 feet.

A few seconds after the school bus stopped, the White automobile, also coming from the north, struck the right rear corner of the school bus and then proceeded on and across the road and struck the left rear corner of the Greyhound. White had applied his brakes around 150 feet back of the school bus but his car went into a skid, and it was skidding when it struck the two buses.

We will state further details in connection with our discussion of the various contentions of the parties.

The Greyhound Corporation and its driver maintain first that the Greyhound driver was not negligent, and second, that even if he was negligent his negligence was not a proximate cause of the accident. Negligence was sought to be attributed to him on the ground that there was a wide graveled strip along the east side of the highway, at the point where he stopped, upon which he could have driven the bus so as to remove it entirely from the pavement.

[581]*581The statute relating to stopping vehicles on the highway, KRS 189.450(1) (a), provides that the prohibition against stopping on the main traveled portion of the highway does not apply to a vehicle that has been disabled “in such a manner and to such an extent that it is impossible to avoid the occupation of the main traveled portion or impracticable to remove it from the highway until repairs have been made or sufficient help obtained for its removal.”

The testimony of the Greyhound driver was, that for a number of reasons stated by him, it was impracticable, and substantially impossible, to move the Greyhound across the road upon the graveled strip. However, another witness with some experience in the operation of buses testified that the bus could have been driven onto the gravel strip with no great difficulty. Under the evidence, we think reasonable minds might differ as to whether it was impracticable to move the bus from the highway, and therefore the question of negligence of the Greyhound driver properly was for the jury. See Banner Transfer Co. v. Morse, Ky., 274 S.W.2d 380; Ashton v. Roop, Ky., 244 S.W.2d 727.

We face the question, then of whether the Greyhound driver’s negligence (found by the jury) was a proximate cause of the accident. We view the question as being one of intervening or superseding cause. In Hines v. Westerfield, Ky., 254 S.W.2d 728, the plaintiff motorist was forced into a ditch when another motorist pulled into his path in attempting to pass the defendant’s car, which was parked partly on the pavement. In holding that the act of the passing motorist was a superseding cause, such as to relieve the defendant from liability, this Court said (254 S.W.2d 728, 729).:

“Admittedly in the case before us, the negligent act of the driver of the third car in forcing appellee off the street intervened between the parking of appellants’ car and the ultimate injury to appellee’s truck. The question we have to determine is: ‘Was such intervening negligence the superseding cause of the accident?’ The question is primarily one of fact. If the original negligent act set in force a chain of events which the original negligent actor might have reasonably foreseen would, according to the experience of mankind, lead to the event which happened, the original actor is not relieved of liability by the intervening act. If, however, the ultimate injury is brought about by an intervening act or force so unusual as not to have been reasonably foreseeable, the intervening act is considered as the superseding cause and the original actor is not liable.”

Also (254 S.W.2d 728, 730) :

“In the case before us, the street was twenty-one feet wide. The highest estimate given as to the distance the parked car protruded into the street was three feet.

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Greyhound Corporation v. White
323 S.W.2d 578 (Court of Appeals of Kentucky (pre-1976), 1958)

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Bluebook (online)
323 S.W.2d 578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greyhound-corporation-v-white-kyctapphigh-1958.