Jolley v. Continental Southern Lines, Inc.

170 So. 2d 114, 1964 La. App. LEXIS 2175
CourtLouisiana Court of Appeal
DecidedDecember 14, 1964
Docket10308
StatusPublished
Cited by9 cases

This text of 170 So. 2d 114 (Jolley v. Continental Southern Lines, Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jolley v. Continental Southern Lines, Inc., 170 So. 2d 114, 1964 La. App. LEXIS 2175 (La. Ct. App. 1964).

Opinion

170 So.2d 114 (1964)

Charles JOLLEY et ux., Plaintiffs-Appellants,
v.
CONTINENTAL SOUTHERN LINES, INC., et al., Defendants-Appellees.

No. 10308.

Court of Appeal of Louisiana, Second Circuit.

December 14, 1964.

Estess & Miller, Shreveport, for appellants.

Stafford & Pitts, Alexandria, for appellees.

Before HARDY, GLADNEY and AYRES, JJ.

*115 GLADNEY, Judge.

In the trial court four suits were consolidated involving claims arising from an accident which occurred at the intersection of U. S. Highways 80 and 65 in Tallulah, Louisiana, after midnight on February 5, 1962. Principally involved were separate suits by two passengers and countersuits by Auto Transports, Inc. and Continental Southern Bus Lines, Inc. In the appeal presently under consideration, Charles Jolley and his wife brought suit against Continental Southern Lines, Inc. and Auto Transports, Inc. and the latter's liability insurer, Transport Insurance Company. The judgment of the trial court in disposing of this suit rendered judgment in favor of Charles Jolley for special damages in the sum of $665.19 and in favor of Mrs. Margaret Jolley for the sum of $1,000.00 for personal injuries sustained by her. Both awards were against Continental Southern Lines, Inc., the judgment holding that the other named defendants were free of liability. From this decree plaintiffs have appealed and Continental Southern Lines, Inc., has answered the appeal taken by plaintiffs requesting this court to reduce the award of special damages awarded Charles Jolley by eliminating therefrom the sum of $450.00 for expenses for a future corrective operation for Mrs. Jolley. In the case of E. B. Ethridge against the Continental Southern Lines, Inc., following a decree in his favor in the district court, an appeal was not taken. Separate decrees in this court have been rendered in the other two cases in which appeals were so taken. See Auto Transports, Inc. v. Continental Southern Lines, Inc., La. App., 170 So.2d 120 and Continental Southern Lines Inc. v. Auto Transports Inc., La. App., 170 So.2d 120. Following trial of the instant case the judge of the district court rendered an exhaustive opinion which so accurately narrates the facts and issues and which so completely accords with our views that we adopt his opinion as our own with modification only by the elimination of references to the transcript and that portion of the decree dealing with awards. The opinion follows:

"All of the suits arose out of an accident that occurred shortly after midnight on February 5, 1962, at the intersection of U. S. Highway 65 (North Cedar Street) and U. S. Highway 80 (East Green Street) in the Village of Tallulah, Madison Parish, Louisiana. The accident involved a Silver Eagle Bus (Passenger bus) owned by Continental Southern Lines, Inc., driven by James Kelly, traveling west on U. S. Highway 80, which vehicle shall be referred to hereinafter simply as `Bus', and an automobile transport (truck and trailer, loaded with 6 new automobiles), owned by Auto Transports, Inc., which company's name has been formally changed to Woods Industries, Inc., Kansas City Division, insured by Transport Insurance Company, driven by Billy R. Teague, traveling south on U. S. Highway 65, which vehicle shall be referred to hereinafter simply as `Transport'.

"Vehicular traffic approaching this intersection at the time of the accident was governed by blinking or flashing red and amber lights placed at the intersection by the Department of Highways. Traffic on U. S. Highway 80 was controlled by red blinking or flashing lights; whereas the traffic on U. S. Highway 65 was governed by amber blinking or flashing lights. The intersection was blind for the two vehicles involved herein, inasmuch as a high brick building used as the City Hall and Fire Station was situated on the northeast corner of the intersection. This building obstructed the vision of the two drivers to such an extent that neither of them could observe the approach of the other until one of the vehicles had entered or practically entered the intersection. At the trial before this Court, the question of fault in these consolidated cases was submitted on the transcribed testimony that was taken in another personal injury case, by one of the passengers on the `Bus', arising out of the same accident that was tried before a jury in the United States District Court for the Western District of Louisiana, in *116 the Monroe Division, entitled `James A. Smith versus Continental Southern Lines, Inc., Auto Transport Insurance Company', which case shall be hereinafter referred to simply as the `Smith case'.

"The actionable negligence of the driver of the `Bus' is conceded, and the following facts were stipulated:

"`The bus of defendant, Continental Southern Lines, Inc., was equipped with a tachograph, or automatic recorder of the speed of the bus; and this tachograph showed the speed of the bus to have been twenty-eight (28) miles per hour at the moment of impact in the accident involved in this suit'

"The principal issue to be decided in these consolidated cases is whether the `Transport' driver was guilty of negligence, which would subject his company and its insurer to solidary liability as a joint tort feasor with the `Bus' company and which would amount to contributory negligence thus barring recovery by the `Transport' company and its insurer. When this issue is resolved only the question of quantum will remain.

"The bus driver's approach and entry into this intersection at a speed of 28 miles per hour with blinking or flashing red lights facing him at the moment of impact was gross negligence particularly since he was transporting fare paying passengers, which negligence has been conceded and stipulated by the `Bus' company and its insurer.

"In the two consolidated cases, Ethridge and Jolley claim joint and concurrent negligence on the part of both drivers, but the burden of establishing negligence on the part of the `Transport' driver is on the plaintiffs. In the case of the `Transport' company against the `Bus' company, because of the concession of actionable negligence on the part of the `Bus' company, the burden is upon the `Bus' company to establish contributory negligence on the part of the `Transport' driver.

"A careful study of the transcript of the testimony taken in the `Smith' case establishes that Billy Ray Teague, the driver of the `Transport', was enroute from Kansas City, Kansas, to Biloxi, Mississippi. Shortly after midnight on February 5, 1962 he was traveling south on U. S. Highway 65 within the Village of Tallulah, Louisiana, and when he was within 300 to 400 feet of the intersection of U. S. Highway 65 and U. S. Highway 80, while traveling at a speed of 20 to 25 miles per hour, he observed flashing yellow traffic lights facing him; that at this time knowing that he must turn left at this intersection, he decelerated and upon approaching the intersection he looked left, the visibility being obstructed by the building. He then looked right and entered the intersection in second gear at a speed of 6 to 8 miles per hour. While approaching and before entry into the intersection he observed that the traffic on the intersecting street or highway was receiving a red flashing signal. When in the intersection and as he was preparing to make his left turn into U. S. Highway 80 he saw the `Bus' bearing down upon him; he then accelerated his vehicle and sought to continue straight. The right front of the `Bus' hit the rear of the cab of the `Transport' at a point at least 10 feet back of the front bumper.

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Bluebook (online)
170 So. 2d 114, 1964 La. App. LEXIS 2175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jolley-v-continental-southern-lines-inc-lactapp-1964.