266 So. 2d 742 | La. Ct. App. | 1972
This is a suit for personal injuries and property damages resulting from a collision between an automobile driven by the plaintiff and a small truck driven by Elija Trueblood, one of the defendants. The other defendants are Trueblood’s employer, Louis O. Reuther, Jr., d/b/a Flower Room, a/k/a Bud’s Flower Shop, and his insurer, Continental Insurance Company. Defendants’ answer denies negligence on the part of the defendant driver and alternatively pleads contributory negligence on the part of plaintiff. In addition, Reuther and Continental reconvened for property damages.
After trial there was judgment in favor of plaintiff and defendant in reconvention awarding him the total amount of $2,-577.23 on the main demand and dismissing
The accident occurred on a clear day in the intersection of Humanity and Annette Streets in the City of New Orleans. There were no traffic controls of any kind and the two streets were of equal dignity. The plaintiff car was traveling west on Humanity and the defendant truck was proceeding north on Annette. There were trees and weeds on an otherwise empty lot at the southeastern corner of the intersection. The right front area of the truck and the left front of the plaintiff car collided approximately in the center of the intersection.
The two drivers, who were alone in their respective vehicles, and the investigating police officer were the only witnesses who testified relative to the facts of the accident.
Plaintiff testified he was traveling 20 miles per hour.
Applicable in the instant case is LSA-R.S. 32:121, subd. B
“When two vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left, shall yield the right of way to the vehicle on the right.”
Under the statute and ordinance plaintiff enjoyed the directional right of way. However, relying on Smith v. Borchers, 243 La. 746, 146 So.2d 793, appellants argue that plaintiff was not relieved of the duty to use reasonable care in his approach to the intersection, including the duty to exercise a proper lookout, and that as a result of his alleged failure to use such care and to exercise such lookout he was guilty of contributory negligence.
We agree with the rule of law stated in the contention. But in Smith v. Borchers the plaintiff who had the directional right of way was denied recovery because she could have avoided the accident had she kept a proper lookout. Here we cannot say the trial court was in error in finding, as it must have found, that the plaintiff did keep a proper lookout under all of the surrounding circumstances and that plaintiff did observe the approaching defendant truck at what could have been his first opportunity to do so.
For the reasons assigned, the judgment appealed from is affirmed.
Affirmed.
. The speed limit on both streets appears to have been 20 miles per hour.
. Ordinance Number 3810 M.C.S. of the City of New Orleans is to the same effect.