McCorkle v. United Gas Pipe Line Co.

175 So. 2d 480, 253 Miss. 169, 1965 Miss. LEXIS 979
CourtMississippi Supreme Court
DecidedMay 24, 1965
Docket43408
StatusPublished
Cited by22 cases

This text of 175 So. 2d 480 (McCorkle v. United Gas Pipe Line Co.) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCorkle v. United Gas Pipe Line Co., 175 So. 2d 480, 253 Miss. 169, 1965 Miss. LEXIS 979 (Mich. 1965).

Opinion

*173 Brady, Tom P., J.

This is an appeal from a final decree of the Chancery Court of Attala County, Mississippi, dismissing a bill of complaint and a bill for attachment filed by the appellant against the appellees, United Gas Pipe Line Company and Daulton P. May. The record reveals the following pertinent facts:

On November 30, 1962, around 2:40 P. M., appellant was riding in a Chevrolet pickup truck driven by her husband in a southerly direction over U. S. Highway 51 a short distance south of the town of Vaiden, in Carroll County, Mississippi. Mississippi State Highway 35 intersects U. S. High-way 51 at approximately a sixty-nine degree angle, Highway 35 traverses in a southeasterly and northwesterly direction, and U. S. Highway 51 extends generally in a northerly and south *174 erly direction. Daulton P. May, employee, agent and servant of United Gas Pipe Line Company, a nonresident corporation incorporated in the state of Delaware, was operating a 1962 Chevrolet automobile likewise in a southerly direction over U. S. Highway 51 and was following the Chevrolet pickup truck driven by appellant’s husband, C. M. McCorkle. The car driven by May collided with the McCorkle truck when May attempted to pass the truck, which also turned into the left lane in an effort to turn onto Highway 35.

A thorough finding of facts and conclusions of law were filed by the learned chancellor in accordance with Mississippi Code Annotated section 1390 (1956). Oddly enough, it is only the appellees who, in their briefs, take any issue with the chancellor’s findings of fact. The chancellor found that as one travels south over U. S. Highway 51, at or near the crest of an incline, there is a sign on the east side which reads: “Vaiden Corporate Limits — Speed Limit 45 Miles Per Hour.” On the west side of U. S. Highway 51, there is a second sign indicating that there is an intersection crossing Highway 51 south of this point, which is 767 feet away. The chancellor further found that, continuing south on said highway, there is another sign located on the west side thereof which reads: “JCT — Miss. No. 35.” This sign is located 358 feet north of the center of the intersection of Highways 51 and 35. The chancellor found that on the east side of Highway 51, approximately 233 feet north of the intersection of said highways, there is a sign as follows: “U. S. No. 51 North,” and a traffic directional sign on. the east side of Highway 51 which is 62 feet from the center of the intersection of the two highways.

The chancellor found that the McCorkles, as they came up the incline and across the town boundary and began their decent toward the intersection some 700 feet or more away, were being followed by Daulton P. May *175 some two car lengths behind, at a speed of approximately thirty miles per hour. The chancellor held that May is an employee of United Gas Pipe Line Company as pipeline foreman; that Mr. McCorkle turned on the left turn signal light before starting to turn into the left lane in an attempt to make a left turn from Highway 51 onto Highway 35, in a manner in violation of the statutory requirements, in that he did not continue into the the intersection proper and pass the intersection of the median lines thereof and make his left turn after crossing the center line of Highway 35. An excellent and meticulous analysis of the testimony of all the witnesses was made by the chancellor, and we conclude that the chancellor was eminently correct in his determination of the facts as reflected in his opinion.

After analyzing the various distances testified to by the numerous witnesses for the appellant and the appellees with reference to where the collision occurred, how far into the intersection or whether outside of the intersection, and the distance and location of the skid-marks of appellee May’s car, the chancellor concluded from the testimony that after the collision the vehicles came to a stop less than one hundred feet north of the intersection, and that May was more than one hundred feet north of the intersection in the east or north passing lane when he commenced his initial effort to pass McCorkle. The chancellor held that:

Mr. May was not as familiar with the road and the intersection of Highway #51 and Highway #35 as Mr. McCorkle because he was not accustomed to traveling these highways as Mr. McCorkle was; however, in traveling south out of Vaiden, there were ample signs to warn travelers that these two highways were intersecting and May knew they were there.

As a matter of fact, May testified that he saw the intersection sign. The chancellor further held:

*176 Under the circumstances involved in this case, there was more than a remote possibility that injuries could occur to the complainant, Mrs. McCorkle, or to the defendant, May; and that he, May, should have reasonably anticipated that some injury to another could probably result from his attempt to pass under the circumstances. This, as a reasonable anticipation, should have existed and his actions should have been governed accordingly. The fact that he could have passed before reaching the intersection does not relieve him, under the attendant circumstances, of exercising the caution that ordinarily a prudent man should have exercised to avoid an injury which could probably result from the attempt to pass. The uncontradicted testimony showed that the skidmarks upon the concrete made by the tires of Mr. May to avoid striking Mr. McCorkle’s truck was (sic) approximately 87 feet in length. This would indicate that the speed of Mr. May’s automobile was traveling in excess of the speed that he should have been traveling under the circumstances and being as near the intersection as his automobile was being driven. The maximum speed was 45 miles per hour, and Mr. Baysinger testified that in his opinion he was not exceeding the speed limit; however, that does not mean that under the circumstances, he could have maintained the maximum speed without danger of injury to others. Prom the testimony, there appears the possibility of May passing the McCorkle truck before he reached the intersection of the two highways, which is defined by the Statute as intersecting highways at a right angle or approximately a right angle; however, prudence, good judgment and the proper care in operating motor vehicles over our highways that are becoming more and more traveled does not demand a lessening of caution where there is a foreseeable possibility of injury to another in order to stay within a clear *177 provision of the Statute. It is clear from the testimony of Bay singer, Michie, Jones, Mr. McCorlde, Mrs. Mc-Corlde, the complainant, and Hamrick, that May’s attempt to pass the McCorlde truck was within 100 feet of the intersection area.

The court further held as follows:

The Court is of the opinion that May was negligent in his attempt to pass the McCorlde truck at the point where he did attempt to pass under the circumstances.

The court however also stated:

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Bluebook (online)
175 So. 2d 480, 253 Miss. 169, 1965 Miss. LEXIS 979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccorkle-v-united-gas-pipe-line-co-miss-1965.