164 A. 886 | Vt. | 1933
On August 4, 1929, the defendant Earle was driving a combination fire truck north on Wales Street in the city of Rutland; at the same time the defendant Wood was driving a Buick automobile east on West Street. The two vehicles came into collision at the intersection of these two streets, and the plaintiff, who was a guest passenger in the Wood car, was injured. When the trial began there was a third defendant (the captain of the fire department, who was riding on the truck), but as to him the plaintiff entered a voluntary discontinuance. There was a verdict in favor of defendant Wood; and a verdict against defendant Earle, who brings the case here on exceptions.
At the close of the plaintiff's case, the defendant Earle rested, and moved for a directed verdict on the grounds: (a) That he was operating the fire truck as an officer of the city in connection with its governmental function and so was immune from *245 liability for negligence; (b) that it was not negligence per se for him to drive the fire truck into or through the intersection with a stop or red light of a traffic signal against him; and (c) that the evidence did not warrant the submission of the issue of his negligence to the jury.
It is undisputed that Earle was at the time of collision operating a fire truck belonging to the city of Rutland and in the course of his employment in the city fire department, and was responding to a still alarm. The defendant does not cite any decision, either from this Court or from any other court, which holds, either in terms or by analogy, that a fireman is exempt from liability for acts of negligence, or misfeasance, in the performance of his ministerial duties. For support for his contention, the defendant seizes upon a single general statement in Skinner v. Buchanan,
It is a general rule that a municipal officer is personally liable to private persons for injuries caused by his negligence or misfeasance, when the duty imposed upon him is ministerial and not judicial or discretionary. Moynihan v. Todd,
At the intersection of Wales and West Streets there is an automatic traffic signal. The lights of this signal show alternately red and green to those approaching. This is the same signal and the same accident described in Stone v. Wood,
The plaintiff contended below, and the trial court ruled, that the traffic signal which had been erected for the special regulation of traffic by the city authorities under statutory authority (see Stone v. Wood,
While the fire truck was favored with the statutory right of way and the act of driving it through the intersection against a red light did not, of itself, constitute negligence as a matter of law, it does not follow that Earle was privileged to proceed in disregard of the rights of others. Jasmin v. Parker,
Earle approached the intersection at a speed of about 20 miles an hour, and a distinctive warning of his approach was given by the sounding of an electric siren and the ringing of a bell. There was evidence tending to show that Earle had an unobstructed view through the windows of the Terrill building, so-called, of cars approaching the intersection from the west. He did not see the Wood car until after he had entered the intersection; it was then coming around another car which was parked in the center of the street and just west of the intersection. The Wood car was traveling at a rate of speed from 15 to 40 miles an hour. The cars came into collision about under the signal light, east of the center of Wales Street and near the center of West Street. We think that the evidence made it a jury question, whether the defendant Earle was negligent in respect of keeping a proper lookout for cars approaching from the west, and in respect of the speed at which the fire truck was driven into the intersection. The motion for a directed verdict was properly denied. *249
The court charged the jury, subject to defendant's exceptions, that the traffic signal had the same operation and effect respecting the regulation of traffic at the intersection as if a traffic officer were stationed there to regulate traffic, and that the driver of the fire truck was under the duty to obey the command of the traffic light in the same manner as if there had been a traffic officer stationed at that point. The question raised by these exceptions has been considered in our discussion of the defendant's motion for a verdict, and what we have there said will suffice to show that the charge in this respect was erroneous, and necessitates a reversal and new trial.
Judgment against defendant Earle reversed, and cause remanded.