Wiley v. Sutphin

108 So. 2d 256
CourtLouisiana Court of Appeal
DecidedDecember 19, 1958
Docket8930
StatusPublished
Cited by24 cases

This text of 108 So. 2d 256 (Wiley v. Sutphin) 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
Wiley v. Sutphin, 108 So. 2d 256 (La. Ct. App. 1958).

Opinion

108 So.2d 256 (1958)

Howard H. WILEY, Plaintiff-Appellee,
v.
Niles and Margaret SUTPHIN, Defendants-Appellants.

No. 8930.

Court of Appeal of Louisiana, Second Circuit.

December 19, 1958.
Rehearing Denied February 2, 1959.

*258 George J. Ginsberg, Alexandria, for appellants.

Holt & Holt, Alexandria, for appellee.

AYRES, Judge.

This action in tort results from a collision between the automobile of plaintiff, the marshal of the City of Pineville, and the Pontiac automobile owned by the defendant, Niles Sutphin, and driven at the time by his wife, Margaret Sutphin, the other defendant. Plaintiff seeks to recover damages for personal injuries in the sum of $475 and property damage to his automobile in the sum of $125. Defendants denied liability and reconvened for damages for personal injuries sustained by Mrs. Sutphin in the sum of $1,000 and property damage to the Sutphin automobile in the sum of $239.11. The trial court obviously concluded that Mrs. Sutphin was guilty of negligence constituting the sole proximate cause of the accident in awarding plaintiff judgment against the defendants, in solido, for damages for personal injuries in the sum of $250 and property damage to the automobile as prayed for and in rejecting defendants' reconventional demands. From the judgment thus rendered and signed, defendants appealed suspensively and devolutively to this court.

The accident occurred in the 1100 block of Main Street, a concrete paved main thoroughfare of the City of Pineville, 42 feet in width. There is no showing of any unusual atmospheric or weather conditions prevailing at the time of the occurrence of the accident about 10:30 o'clock A. M. February 2, 1958. Plaintiff was driving in a northerly direction some 300 yards to the rear of a police car responding to a fire alarm. Mrs. Sutphin, accompanied by an out-of-town guest, Mrs. Mary Evelyn Hafner, was proceeding in a southerly direction from her residence to Alexandria where Mrs. Hafner was to board a plane for her residence in Cincinnati.

Mrs. Sutphin is charged with negligence in violating an ordinance of the City of Pineville requiring the drivers of all vehicles, when approached by any fire or police vehicles or ambulances upon which *259 sirens are being sounded, to proceed to the curb, stop and remain there until the sirens had stopped. Additional negligence charged is her alleged failure to keep a proper lookout or to accord the right of way to plaintiff's official vehicle. Counter charges of negligence are made against plaintiff in that he was operating his automobile at an excessive rate of speed and in his failure to keep a proper lookout or to have his vehicle under proper control.

A careful review of the record discloses these facts were either not controverted or were established by the evidence. In proceeding toward Alexandria and after passing through an underpass beneath the L. & A. Railroad, Mrs. Sutphin heard a siren, whereupon she pulled to the right, stopped and awaited the meeting and passing of an automobile, evidently the Fire Chief's car going to a fire. After the passage of this car, Mrs. Sutphin started her own car and directed it to the left of a car parked ahead of her car at the curb and immediately to the rear of another car likewise headed in a southerly direction toward Alexandria stopped in the inner lane of the two right-hand lanes of the street. When the left front of her car neared the center of the street, she heard another siren. Although she could not readily detect the direction from which it was coming, she presumed the car, which had just passed, was returning. Nevertheless, she stopped, being unable to reach the curb to her right because of the car stopped in front and cars parked alongside the curb. This second siren was from the marshal's car. According to the testimony of Mrs. Sutphin and that of her companion, her car had been stopped for some appreciable time, perhaps several seconds, awaiting the meeting of this automobile, which could be seen approaching from as far away as the top of the next hill, established to have been 1,150 feet distant. The left front of defendants' car was shown to have protruded at an angle a distance of approximately 22 inches beyond the center line of the street and into plaintiff's lane of travel. Almost even with defendants' car was a Chevrolet pickup truck parked parallel alongside the east curb of the street, that is, to plaintiff's right. Plaintiff contends that his passage was blocked by defendants' car. The physical facts disprove this contention. As stated heretofore, the street at the scene of this accident was 42 feet wide. The Chevrolet truck had a width of 6 feet, 3 inches and, according to the testimony, was parked not more than a foot from the curb. The distance thus consumed of not more than 7½ feet, plus the approximate 2 feet defendants' car extended beyond the center line, subtracted from ½ the width of the street, leaves a space of approximately 11½ feet, through which plaintiff may have safely passed. His car was shown to have a width of 6 feet.

Plaintiff's testimony is that, although he was traveling only 40 miles per hour, he never saw defendants' car until he was within a distance of approximately 50 feet, whereupon he immediately applied his brakes, losing control of his car, which turned sidewise and skidded forward, the left rear striking defendants' automobile, the left front striking the parked truck.

First, for primary consideration is the negligence vel non of Mrs. Sutphin. There is no contradiction of the fact that, on hearing the siren on the first approaching vehicle, she literally complied with the legal requirements. She drove to the curb, stopped and remained parked until the vehicle passed. When the situation had apparently cleared by the passage of the automobile, Mrs. Sutphin drove to the left to reach the inner right-hand lane because other cars were parked in the outer lane. In so doing and in executing the necessary maneuver of her automobile, the left front end of her car extended slightly beyond and angled across the center line of the street. On reaching that position, she again heard a siren. Unable to again steer her vehicle to the curb, due to the presence of a car immediately *260 in front and cars parked alongside the curb, and not knowing at the time the direction from which the vehicle was approaching, she immediately stopped. Her action in stopping was, under the circumstances, an act of prudence on her part. It has been said that usually the safest course to pursue when one is handling a vehicle in traffic, when danger presents itself, is to stop. Snodgrass v. Centanni, 229 La. 915, 87 So.2d 127, 131.

Negligence is a want of ordinary or reasonable care, which should be exercised by a person of ordinary prudence under all the circumstances in view of the probable danger of injury; and ordinary, reasonable or due care is that degree of care, which, under the same or similar circumstances, would ordinarily or usually be exercised by, or might reasonably be expected from, an ordinarily prudent person. Brown v. Liberty Mutual Ins. Co., 234 La. 860, 101 So.2d 696; State v. Vinzant, 200 La. 301, 7 So.2d 917, 922; Roder v. Legendre, 147 La. 295, 84 So. 787; Neyrey v. Maillet, La.App., 21 So.2d 158; Frazier v. Ayres, La.App., 20 So.2d 754; Gunn v. Saenger-Ehrlich Enterprises, Inc., La.App., 192 So. 744; Flotte v. Thomas Egan's Sons, Inc., 18 La.App. 116, 134 So. 428; 65 C.J.S. Negligence § 11, p. 387.

Under LSA-C.C. art.

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108 So. 2d 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiley-v-sutphin-lactapp-1958.