Janssen v. Texas Department of Public Safety

322 S.W.2d 313, 1959 Tex. App. LEXIS 2265
CourtCourt of Appeals of Texas
DecidedMarch 4, 1959
Docket13407
StatusPublished
Cited by3 cases

This text of 322 S.W.2d 313 (Janssen v. Texas Department of Public Safety) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Janssen v. Texas Department of Public Safety, 322 S.W.2d 313, 1959 Tex. App. LEXIS 2265 (Tex. Ct. App. 1959).

Opinions

POPE, Justice.

This is an appeal from an order of the County Judge of DeWitt County affirming the orders of the Department of Public Safety which suspended Donald J. Jans-sen’s operator’s license and John A. Jans-sen’s motor vehicle registrations. Donald is the minor son of John A. Janssen and he was driving his father’s pick-up truck, with the father riding as a passenger, on September 11, 1957. They were hauling a trailer, and the father told his son to stop so he could check the trailer hitch. They saw another car approaching, so the father got back into the truck and told his son to pull over to the side. The son pulled over to the side until the right-hand side of the truck was so close to a fence that the door would not open. Even so, one-fourth the width of the truck was on the gravel road and the oncoming car ran into the pick-up. After a hearing, the Department ordered the operator’s license and registrations suspended. The Janssens appealed to the County Court and obtained a stay order. They contend that at the time the accident occurred they were “legally parked” under the terms of Sec. 6, subd. 2, Article 6701h. Upon the trial in the County Court the judge submitted a single special issue — whether the motor vehicle was parked at the time of the collision. The jury found that it was not parked. The County Court, upon the basis of that jury answer, also suspended the license and registrations.

By this appeal from the County Court, the Janssens complain that the County Court erred because they were denied a trial de novo within the meaning of Sec. 2(c) of Article 6701h, and because the court refused to define the term “parked” in the one special issue submitted.

The statute is explicit in its requirement that an appeal from a Department order must be a de novo appeal. It states what the Legislators meant by the term de novo, saying:

“(c) Trial in the court shall be de novo, with the burden of proof upon the Department, and the substantial evidence rule shall not be invoked or apply, but the same shall be tried without regard to any prior holding of fact or law by the Department, and judgment entered only upon the evidence offered at the trial by the Court. A trial by jury may be had upon proper application.”

John A. Janssen and his son, at each stage of the trial, insisted upon compliance with Sec. 2(c), Article 670lh. The Department alleged in its pleadings that it was the Janssens who were appealing from the Department orders of suspension, that it had mailed to the Janssens both a notice of suspension and an order of suspension. Janssens filed a motion to strike these pleadings and it was overruled. They then urged special exceptions to the pleadings because they informed the jury that the Department had already found against the Janssens. The exceptions were overruled. The Department’s pleadings, over [315]*315objection, were read to the jury, and the jurors were in fact informed that Janssens were appealing from the adverse orders. The court did not, however, permit the Department to read the actual notices and •orders which were attached to the pleadings. When the case reached the evidence stage, the Department offered in evidence the actual notices and orders of the Department. They were admitted over objection by Janssens that this defeated a de novo trial and that such evidence was prejudicial. The jury examined those orders and passed them from member to member. At the charge stage of trial, Janssens requested that the jurors be instructed to disregard the pleadings and the evidence which referred to the prior orders of the Department, but their request was overruled.

Janssens, by motion to strike pleadings, by exception to the pleadings, by objection to the evidence, and by request for an instruction, sought to keep from the jury the Department’s notices and orders and the fact that it was the Janssens who were appealing. Nevertheless, the orders were fully disclosed to the jury. The statute declares that these appeals should be tried without regard to any prior holdings of fact or law by the Department, and that judgment should be entered only upon the evidence offered at the trial. The Department argues that there was no harm to Janssens, since original evidence was presented upon the triad on appeal, and the Department had the burden •of going forward with the evidence. The statute describes and defines the meaning of de novo for these trials. Included in that description is the legislative intent that the jurors not be informed about the Departmental rulings. There is sound reason for this rule. From the juror’s point of view, official-appearing documents proved that the Janssens’ privileges were suspended, and would continue to be unless they won on appeal. The situation disclosed to the jury was that Janssens had to rid themselves of adverse orders. When the jurors were informed of that fact, they knew that Janssens had the burden at least to appeal. The jurors then, realistically, were placed in the position of either agreeing with or disapproving the orders. Apparently, the Department felt that its burden was more fittingly discharged by disclosing that the prior orders were against Janssens. We regard that disclosure as error. Federal Underwriters Exchange v. Bickham, 138 Tex. 128, 157 S.W.2d 356; Texas Employers’ Ins. Ass’n v. Shiflet, Tex.Civ.App., 276 S.W.2d 942; 41-B Tex. Jur., Trial—Civil Cases. § 2-B.

The Department on the appeal to this Court argues that the administrative action is non-reviewable, because the Legislature has given the courts excessive power to review non-judicial matters. Experience has shown that even the statutory denial of reviews sometimes may not deprive one of it, and that courts have refused to be governed by a rigid rule. St. Joseph Stock Yards Co. v. United States, 298 U.S. 38, 56 S.Ct. 720, 738, 80 L.Ed. 1033. In any event, appeals are proper with respect to judicial or quasi-judicial matters. 73 C.J.S. Public Administrative Bodies and Procedure ■§§ 37 and 186; State ex rel. Police Retirement System of City of St. Louis v. Murphy, 359 Mo. 854, 224 S.W.2d 68; Bradford v. Phelps County, 357 Mo. 830, 210 S.W.2d 996. The issue involved in the Janssen hearing is judicial in nature. Janssens contend that the statute is inapplicable when an accident occurs while a car is legally parked. The construction and interpretation of statutes is a judicial function. Whether a vehicle is “legally parked” is a judicial matter. If it be a non-judicial function to determine whether one is “legally parked” under the Safety Responsibility Act, it would no less be administrative when a policeman fines a driver on the spot who is not “legally parked.” Policemen would supplant traffic courts. This case concerned a judicial matter. Moore v. Cox, Tex.Civ.App., 215 S.W.2d 666.

In spite of the erroneous procedure, the license and registrations should [316]*316be suspended if the admitted facts, as a matter of law, subject Janssens to the penalties of the Safety Responsibility Act. Janssens’ sole defense is that they fall within Sec.

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Related

Texas Department of Public Safety v. Dawson
360 S.W.2d 860 (Court of Appeals of Texas, 1962)
Patron v. Department of Public Safety
358 S.W.2d 726 (Court of Appeals of Texas, 1962)
Janssen v. Texas Department of Public Safety
322 S.W.2d 313 (Court of Appeals of Texas, 1959)

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Bluebook (online)
322 S.W.2d 313, 1959 Tex. App. LEXIS 2265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/janssen-v-texas-department-of-public-safety-texapp-1959.