190 So. 168 | La. Ct. App. | 1939
This is an automobile collision suit wherein plaintiff in his petition alleges that on July 1, 1938, after 8 P.M., on the Airline Highway between New Orleans and Baton Rouge at a point 5 miles north of Reserve in St. John the Baptist Parish, one Armstead Phillips parked a Chevrolet truck (belonging to and driven for M. Romano Son, a commercial partnership of Baton Rouge) in an awkward manner — that is by placing the front wheels on the wide shoulder just barely off the paved right lane in the direction of Baton Rouge, and the rear end at an angle and protruding 4 or 5 feet on the pavement; that the said truck was parked in such awkward position without flares or lights of any kind; that shortly thereafter D.K. Summers, while approaching the said parked truck from the rear, driving his 1938 Chevrolet sedan in the direction of Baton Rouge "in a prudent, careful and skillful manner at a moderate and reasonable rate of speed, approximated at or about 45 miles per hour, and (having) his car under full control", was "partially" blinded by the lights of a car being driven by one Samuel Fingers from the opposite direction at an excessive rate of speed and with bright lights burning, and ran into and collided with the left rear corner of the parked truck which projected onto the highway, the Summers' car thereby being knocked toward the center line of the highway where it was struck by the car operated by Fingers; that the accident was caused solely and approximately by the negligence of Phillips in parking the truck on a much traveled public highway in the manner and under the conditions set forth; that as a result of the collision the Summers car was completely destroyed and demolished — the loss being $675 less $125 for salvage; that is, the sum of $550, to which petitioner, as insurance carrier and subrogee of Summers, is entitled to judgment with interest and costs.
An exception of no right and no cause of action was filed by the defendants and sustained by the lower court. The plaintiff has appealed.
In the case of Inman v. Silver Fleet of Memphis, 175 So. 436, this court came to the conclusion that where the petition sets up a state of facts which affirmatively shows negligence in the plaintiff as the proximate cause of the accident, and where, if proved, the facts would not entitle plaintiff to recover, an exception of no cause of action should be sustained, as no purpose would be served by trying a useless and expensive lawsuit.
The cases of Louisiana Power Light Co. v. Saia et al.,
In the cases of Woodley Collins v. Schusters' Wholesale Produce Co., Inc.,
The cases of Stafford v. Nelson Brothers,
The rule that a motorist when blinded by bright lights of an approaching car must keep his car under such control as to be able to stop within the range of his vision, is applicable only in those cases where the bright lights appear at a sufficient distance away and in such a manner as to enable the motorist meeting the car with the bright lights to slow down and prepare for the situation caused by cutting off his vision, or impairing his view of the road ahead. The rule does not apply where the bright lights suddenly appear or loom up unexpectedly, as when the oncoming car suddenly rounds a curve, comes over the crest of a hill, or from out of a side road, or where the bright lights are suddenly flared into the face of the motorist. See Waters et al. v. Meriwether Transfer Co., Inc.,
A motorist is not required to anticipate an unusual obstruction on the highway, such as a depression in the road, a wire across the road, small and unexpected objects that are not easily seen at night, and the motorist has a right to assume that there are no such unusual obstructions ahead of him. It was on this theory that the motorist who ran over a "small" dead yearling in the road at night was not deemed guilty of contributory negligence. Kirk v. United Gas Public Service,
We admit that, as expressed by the Supreme Court in Woodley
Collins v. Schusters' Wholesale Produce Co.,
The case that comes most nearly supporting plaintiff's claim that the exception of no cause of action should be overruled is the case of Coats v. Buie's Estate, La.App.,
For the reasons assigned, we are of the opinion that the exception of no cause of action was properly sustained, and the judgment below is therefore affirmed.
*171LeBLANC, J., dissenting.