Stevens v. Delanoix

96 So. 2d 844
CourtLouisiana Court of Appeal
DecidedJune 28, 1957
Docket4467
StatusPublished
Cited by15 cases

This text of 96 So. 2d 844 (Stevens v. Delanoix) 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
Stevens v. Delanoix, 96 So. 2d 844 (La. Ct. App. 1957).

Opinion

96 So.2d 844 (1957)

Johnnie STEVENS
v.
Mrs. Mary Rogers DELANOIX and Delta Fire & Casualty Co.

No. 4467.

Court of Appeal of Louisiana, First Circuit.

June 28, 1957.
Rehearing Denied September 23, 1957.

Cadwallader & Dameron, Baton Rouge, for appellant.

*845 Watson Blanche Fridge Wilson Posner & Thibaut and David N. Robinson, Baton Rouge, for appellee.

ELLIS, Judge.

This is an action for property damages to plaintiff's automobile sustained when plaintiff's car was involved in an intersectional collision with one owned by the defendant and insured against liability by the co-defendant. The District Court dismissed the suit and plaintiff has appealed.

This collision occurred at the intersection of East Harrison Street and Carolina Street in the City of Baton Rouge. Plaintiff's car was being driven west on East Harrison Street and defendant's car was traveling north on Carolina Street. The right front of the defendant's car struck the left front of the plaintiff's automobile. There was a stop sign on the west side of Carolina Street facing north, which is to bring traffic which is traveling south on Carolina Street to a stop at Harrison Street. It seems there was formerly a stop sign on the east side of Carolina Street facing south to also bring traffic going north to a stop before entering the intersection. At the time of the accident this last stop sign was not there. There was some evidence to the effect that East Harrison Street had been designated by the City of Baton Rouge as a favored or right-of-way street but no certified copy of the ordinance or other sufficient proof to this effect was introduced, and the courts do not take judicial cognizance of municipal ordinances. However, under the Louisiana Highway Regulatory Act the plaintiff's automobile clearly had a directional right-of-way even if no favored thoroughfare was proven since it was approaching the intersection from the right. See LSA-R.S. 32:237, subd. A and Schech v. Pittman, La.App., 51 So.2d 119.

Carolina Street, along which the defendant's car was traveling is 22 feet in width and East Harrison Street, on which the plaintiff's car approached the intersection, is approximately 18 feet in width and neither street widens at their intersection. The point of impact of the automobiles occurred 14 feet from the east margin of the intersection and 8 feet from its west margin, and 12 feet from the south margin of the intersection, or 6 feet from its north margin. Although the plaintiff's testimony as to the exact point of impact is somewhat misleading the exact spot was proven by two officers of the Baton Rouge City Police who investigated the accident shortly after its occurrence.

On the southeast corner of the intersection is located a grocery store which is close to both streets and this building obstructs the view of traffic approaching the intersection from the south headed north on Carolina Street and traffic approaching the intersection from the east headed west on East Harrison Street.

The driver of the defendant's automobile, Mrs. Delanoix, which was headed north on Carolina Street, testified she was traveling about 25 miles per hour as she approached the intersection but she did not remember whether she attempted to slow her speed as she entered it. She admitted she was about two car lengths from the point of impact before she saw the plaintiff's car and that she could not see it sooner because of the obstruction caused by the building on the southeast corner. She did finally testify that she applied her brakes when she was about one car length and a half from the plaintiff's automobile. A passenger in this automobile stated it was traveling from 20 to 25 miles per hour approaching the intersection and that the car entered it at about 20 miles per hour. A witness, standing on the street, who saw the accident, stated this car was traveling too fast to stop and avoid striking the plaintiff's vehicle.

Clearly the driver of the defendant's car was guilty of negligence, which was a proximate cause of the accident, when she entered the intersection without stopping *846 and without observing the oncoming favored traffic. She was under a legal duty to stop and she had the opportunity to avoid the collision had she exercised the slightest care. There is no contention that she was not negligent, but the defendants urge the driver of the plaintiff's car was guilty of contributory negligence which was a proximate cause of the collision.

Alvin Wilson, the driver of the plaintiff's automobile, testified he was approaching the intersection at about 10 to 15 miles per hour but that he slowed to 5 to 7 miles per hour as he entered it. Further, that he looked to the right or north and saw no vehicles approaching and also looked to his left but could not see if any vehicles were approaching from the south since the grocery building on the southeast corner of the intersection obstructed his view; that as soon as he had entered the intersection he looked again to his left and saw the defendant's car coming toward him at a speed which he estimated to be about 35 to 40 miles per hour; that he applied his brakes and swung his automobile to the right in an attempt to avoid the collision but that the right front of the defendant's car struck plaintiff's car on its left front side. This driver stated positively he knew he was on a right-of-way street.

The lower Court concluded the driver of the plaintiff's car was guilty of contributory negligence. We find no showing in the record that after this driver saw and realized or after he should have seen and realized, that the driver of the defendant's vehicle was not going to stop at the intersection but proceed into it without notice of oncoming traffic on the favored street, that he had time or opportunity to do anything effective to prevent the accident.

The case of White v. Travelers Insurance Co., La.App., 94 So.2d 564, 565, discusses the degree of care with which a driver upon a favored street is charged. A traffic light system was in operation at the intersection involved in the White case but the degree of care, in our opinion, required of the respective drivers on favored and unfavored streets is the same whether traffic at the intersection be directed according to signal lights or designated as favored and unfavored streets by Statute. The White case says:

"There is no showing after plaintiff saw and realized, or after he should have seen and realized that defendant's truck was not going to stop at the intersection so as to comply with the red signal light, he had time and opportunity to make an effort to do anything effective, such as applying his brakes, swerving his vehicle and taking another course in order to prevent the accident. Under the traffic light system a motorist proceeding on a proper signal should not be held to the same degree of care as if no such system prevailed but he is entitled to assume that the signals are understood and will be observed, and he is not required to anticipate that other motorists or pedestrians will, in violation of law, enter an intersection on an unfavorable signal. This principle is predicated on the proposition that the danger at such intersections is less than if there were no such signals and, there being less danger, less care is exacted.
"Kientz v. Charles Dennery, Inc., 209 La. 144, 24 So.2d 292; Niagra Fire Ins. Co. v. Schouest, La.App., 58 So.2d 739; Clark v. DeBeer, La.App., 188 So. 517, 520; Roll Osborne & Sons, Inc. v. Howatt, La.App., 167 So. 466, 469; Buckley v. Featherstone Garage, Inc., 11 La.App. 564, 123 So. 446, 450.

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Bluebook (online)
96 So. 2d 844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevens-v-delanoix-lactapp-1957.