Hopson v. Goolsby

86 S.E.2d 149, 196 Va. 832, 1955 Va. LEXIS 153
CourtSupreme Court of Virginia
DecidedMarch 7, 1955
DocketRecord 4338
StatusPublished
Cited by22 cases

This text of 86 S.E.2d 149 (Hopson v. Goolsby) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hopson v. Goolsby, 86 S.E.2d 149, 196 Va. 832, 1955 Va. LEXIS 153 (Va. 1955).

Opinions

Buchanan, J.,

delivered the opinion of the court.

This action was brought by Louise Goolsby, plaintiff, for damages for personal injuries received when she was struck by an automobile driven by the defendant, Hopson. She recovered a verdict for $7,500 on which the court entered the judgment to which we granted Hopson this writ of error.

The assignments of error raise questions as to whether the plaintiff was guilty of contributory negligence as a matter of law, and whether there was error in the rulings on instructions, particularly in submitting the doctrine of last clear chance to the jury.

The accident occurred about 7:15 p.m., September 23, 1953, on Moore street in Bristol, a short distance north of the intersection of that street with Oakview avenue and Randall street. Moore street at that point runs approximately north and south. Oakview crosses it from northeast to southwest and in such manner as that their northwest intersection is not at an angle but on a curve. Randall street enters Moore street from the southeast but does not cross it. The result is an intersection into which traffic moves from five directions. In the middle of the intersection is an overhead traffic light controlling traffic into the intersection, but with a green arrow which permits traffic moving south on Moore to turn right on Oakview without stopping for the red light. Moore street north of the intersection is U. S. Highway No. 11, carrying traffic out of Bristol north or east toward Abingdon and is heavily traveled. From the intersection going south Moore street is level for 50 feet and then rises on a 10% grade. [834]*834Going north it is practically level for 115 feet, the next 60 feet is 4.6% upgrade, increasing then to 6.8%.

As Moore street extends north from the intersection its hard surface is 49 feet wide, divided by double white lines into two lanes of unequal width, the west lane where plaintiff undertook to cross being approximately 27 feet wide and the east lane 22 feet. There are no sidewalks on Moore street north of the intersection and no designated crosswalks at the intersection except on the south side.

At the time of the accident the road was dry, it was practically dark and cars, including defendant’s, were moving with their lights on. The extent to which the area of the accident was lighted at the time is not clear from the evidence.

The plaintiff, Mrs. Goolsby, who was 79 years old, lived on the north side of Oakview west of the intersection and had started to walk to Johnson Court, an apartment building at the northeast corner of Oakview and Moore. When she reached the intersection she turned left and continued along the shoulder on the west side of Moore street until she reached a point approximately 210 feet north of the traffic signal. There she started across and had crossed the white lines into the east lane of Moore street when she was struck by the defendant’s car and seriously injured.

There is some conflict, even in the plaintiff’s evidence, as to how far she had gone into the east lane before she was struck. The plaintiff was uncertain and her only eye-witness indicated that she was just past the white lines. There was evidence for the plaintiff that after the accident she was lying near the middle of the east lane,- 22 feet from the front of defendant’s car. The testimony was that the defendant’s car had not been moved before a police officer arrived and it was then approximately in the center of its right-hand lane, the east lane, headed north. From the rear wheels of the car there were skid-marks for 60 feet which bore to the right going north. The officer testified that he could not tell from these marks when the car actually slid or when the brakes [835]*835were applied. The plaintiff was struck by the left front of defendant’s car.

It is conceded that the defendant was negligent. This was a 25-mile zone and he admitted to running 30 to 35 miles. Plaintiff’s eye-witness said his speed was over 50 miles and from that testimony, coupled with the 60 feet of skidmarks upgrade, as stated, the jury could have found that he was going in excess of 35 miles an hour.

The defendant was driving north on Moore street with his wife and daughter on the front seat with him. Their version of the matter was that as he came down Moore street hill from the south the signal light in the intersection was red and three cars were standing on the other side facing him, the first one signaling for a left turn. He slowed down but as he came nearer the light changed to green, he proceeded through the intersection without stopping, and as he passed the stopped cars the plaintiff stepped out from behind the last one into the path of his car when he was too close to avoid striking her.

According to the plaintiff’s evidence, which for the present purposes must be accepted, there were no cars at the intersection and the street was clear. The plaintiff testified that on this occasion she went up Moore street to cross where she generally crossed; that she looked up and down the street twice and nothing was passing, which made her wonder because traffic was usually heavy there. Seeing no cars and hearing none she thought that was the best time for her to cross, and she went as fast as she could.' She did not know she was in danger until she heard the “skreeking” and then she did not know which 'way to go to get out of the way. When she came to she was near the edge of the road but did not know whether she had been thrown there or moved there. She got up but her leg was broken and she lay down again. She testified that after starting across she did not again look to her right or to her left, but looked straight ahead and did not see the car that struck her and did not hear it until she heard the noise of the brakes.

[836]*836Her eye-witness corroborated her testimony. He testified that he was standing at a window in the apartment house and saw the plaintiff walking up the west side of Moore street; that she stopped and looked in both directions, there were no cars coming and she started across; she had gotten “just halfway over into the middle lane” (apparently meaning the west lane as there was no middle lane) when defendant’s car came over Moore street hill. He saw the headlights of the car and was attracted by its speed; he realized what was going to happen, and “as she got past that middle lane [line] this car hit her,” and knocked her in the air, .and when he reached the scene she was lying not over a couple of feet from where she was hit. He marked on the plaintiff’s map where she was struck and where she was lying, both marks being just over the white lines into the east lane, but about 30 feet apart. He said that after she started across she did not hesitate or stop, but looked straight ahead until she was struck.

There was evidence that from the place where plaintiff undertook to cross there was a clear view of Moore street for 600 feet to her right, or south, the direction from which the defendant came.

The defendant argues that on her own evidence the plaintiff was guilty of contributory negligence as a matter of law, first, because she did not cross at the intersection of Moore and Oakview, and, second, because the plaintiff did not look to her right or left after she stepped into the street.

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Hopson v. Goolsby
86 S.E.2d 149 (Supreme Court of Virginia, 1955)

Cite This Page — Counsel Stack

Bluebook (online)
86 S.E.2d 149, 196 Va. 832, 1955 Va. LEXIS 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hopson-v-goolsby-va-1955.