227 Wis. 635 | Wis. | 1938
The following opinion was filed March 15, 1938:
The sole question for decision is whether the trial court erred in changing the answers of the jury respecting the negligence of the interpleaded defendant, Oates, as set forth in the statement of facts. The said defendants con
Just prior to the accident, the defendant, Koepke, an employee of the defendant, National Tea Company, was driving a large truck belonging to it, in a southerly direction on State Trunk Highway No. 55. That highway is a north- and-south highway, with an improved concrete roadbed, eighteen feet wide. It is an arterial highway. State Trunk Highway No. 60 is an east-and-west highway which runs into but not beyond highway No. 55. That highway, too, is a concreted highway. The entrance of highway No. 60 into highway No. 55 is a broad one, with rounded curves which commence back on highway No. 60 about eighty feet from the west edge of the concrete on highway No. 55. The spaces between the concreted roadbeds and the outer edges of the rounded curves are also concreted. Although highway No. 60 ends at its intersection with highway No. 55, a narrow town road extends easterly from that point. A short distance to the north of the intersection of highway No. 60 with highway No. 55, a narrow private driveway runs out of the east side of highway No. 55, the direction of
Shortly before the accident Koepke was driving the truck in a southerly direction along highway No. 55 at a speed of about thirty miles an hour. Oates was driving his automobile in an easterly direction on highway No. 60 intending to turn north on highway No. 55. Oates testified that he stopped at the “Stop” sign which was located- on the right side of highway No. 60 at a point about ninety feet from the west side of the concrete on highway No. 55, and looked over his road map; that he then drove his automobile up to the edge of the concrete on highway No. 55, where he again stopped; that he looked to- his left and observed the truck approaching at a distance which he estimated to be one hundred fifty to two hundred fifty feet; that he started forward in a northeasterly direction and then observed that the truck was turning to its left onto his side of the road; that he thereupon applied his brakes and stopped his automobile with only the left rear wheel west of the center line of highway No. 55 ; that the truck then turned into the private driveway, and shortly thereafter crashed into the northerly side of the plaintiffs’ garage.
Koepke testified that, maintaining a proper lookout, his view was such that he could not see an automobile approaching on highway No. 60 until it was very close to the intersection between highways No. 60 and No. 55; that there was a bank to the northwest of the intersection with trees and shrubbery upon it, which cut off his view; that he first ob
The jury found that Oates was negligent in respect to lookout and in respect to yielding the right of way and causation. In our view, the jury clearly was permitted to disbelieve the testimony of Oates that he stopped his automobile just before entering upon the concrete on highway No. 55. A witness, who was on the east side of his building located about opposite the plaintiffs’ garage and to the southwest of the intersection, testified that his attention was first called to the Oates automobile by the squeak of his brakes; that Oates’ automobile stopped on the yellow line while headed in a northeasterly direction; that the yellow line was about under the middle of the automobile; that at the same time he saw the truck approaching from the north, and thereafter saw it turn down the private driveway; that he observed well-defined skid marks ten to fifteen feet long
“I stopped by the stop sign and started out again. All of a sudden I saw this truck in front of me. I was so scared; I didn’t know what to do. By that time, everything was over with.”
In view of the testimony of the disinterested witnesses as to the squeaking brakes and as to the skid marks, supplemented by the testimony as to what Mr. Oates stated in explanation o'f the accident, it was clearly permissible for the jury reasonably to infer that Oates did not stop near to the edge of the concrete on No. 55 or at a place where an efficient observation or lookout could have been made. It is the law of this state that one must not only stop before entering upon an arterial highway, but he must stop and observe where an efficient observation may be had. As was said in Svenson v. Vondrak, 200 Wis. 312, 316, 227 N. W. 240:
“We agree with the statement of the court that it is the duty of one approaching an arterial highway to stop at a point somewhere between the stop sign and the arterial where one may efficiently observe traffic approaching on the*642 arterial highway.” See also Pettera v. Collins, 203 Wis. 81, 233 N. W. 545.
It is our opinion, therefore, that the evidence clearly supported the inference of the jury that Oates was negligent in respect to lookout.
We are also of the opinion that the jury was well warranted in finding that Oates was negligent in respect to yielding the right of way to Koepke. Entering upon highway No. 55, after having made what may well have been considered by the jury as an inefficient or careless observation, at a time when the large truck was approaching at a rate of about thirty miles an hour, as testified to by Koepke, and when the truck was between eighty to one hundred feet away from the point of his entering upon highway No. 55, permits of the inference that Oates, in not waiting a few seconds to permit the truck to pass, was negligent in not yielding the right of way to the truck. Gauthier v. Carbonneau, 226 Wis. 527, 277 N. W. 135.
As to causation, assuming that the jury was warranted in inferring that Oates was negligent in respect to lookout and in not yielding the right of way, there can be no question that such negligent acts permitted the jury to infer that Oates’ negligence in the respects found, were causes oí the accident and the damages to the plaintiffs’ garage. Koepke undoubtedly was confronted with what seemed to him an emergency. Concededly he could not have passed Oates’ automobile on the left. He might have passed Oates’ automobile on the right side thereof, had his speed been greatly reduced. In turning off onto the private road he sought to avoid colliding with Oates’ automobile which, according to the testimony of several of the witnesses, was stopped in the middle of highway No. 55. His action was rather heroic. Had the truck not struck a rock by the telephone pole, causing complete loss of control of it, in all probability no damage would have resulted.
By the Court. — Judgment reversed, and cause remanded with directions to reinstate the answers of the jury and to render judgment on the cross complaint in accordance with the opinion.
A motion for a rehearing was denied, with $25 costs, on May 17, 1938.