14 So. 2d 665 | Fla. | 1943
This is a suit for damages growing out of a collision between a taxicab and an automobile at the intersection of *322 Biscayne Boulevard and 79th Street in the City of Miami. The taxicab was being operated in a northerly direction on Biscayne Boulevard by the appellant, Red Top Cab Baggage Company. The automobile was being operated in a southerly direction on the boulevard by Bristol C. Bilbry. The appellee, Theodore K. Rothermund, was riding as a passenger in the taxicab. He sustained injuries as a result of the collision. After the accident he executed a written "covenant not to sue" the driver of the automobile, receiving as consideration therefor the sum of $300. Subsequently, he brought suit against the taxicab company and recovered judgment. The defendant below comes here to review the judgment.
The collision occurred in the nighttime at an intersection where the traffic light was green for north and south-bound travel. The plaintiff first noticed the automobile approaching the intersection from the north, when the taxicab in which he was riding was approximately 150 feet south of the traffic light. At that time the taxicab was travelling on its own side of the street and at a lawful rate of speed. As the automobile came into the intersection from the north it was proceeding at a slight angle toward the center line of the boulevard "as though it were preparing to make a left-hand turn." It was "moving very slowly [and] might have been mistaken to be standing still or moving very deliberately around the corner." As the taxicab passed northward through the intersection the south-bound car made a left-hand turn, "cutting the corner" instead of going around the traffic light. So far as appears from the testimony, the driver gave no signal of his intention to make the left-hand turn or to "cut the corner" across north-bound traffic. When the taxicab was well into the intersection the driver observed the automobile coming out of the course of southbound traffic toward him. He quickly swerved his cab to his right but was unable to escape the collision. The automobile struck the taxicab on the left-hand side about center, inflicting injuries upon the passenger.
We find nothing in the evidence to warrant recovery by the appellee. Without regard to testimony given by disinterested eyewitnesses, which, in our opinion, completely *323 absolved the taxicab company from all liability, we think that the testimony given by the plaintiff, as set out above, together with the physical facts, demonstrate that the accident and injury occurred as a result of the sole negligence of the driver of the south-bound automobile.
At the time of the accident there was in full force and effect in the City of Miami a municipal ordinance which reads as follows:
"Article IV, Section 11, Vehicles Turning At Intersection. The driver of a vehicle within an intersection intending to turn to the left shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute a hazard. . . ." So far as appears from the evidence in the case, there was nothing to put the taxi driver on notice that this traffic ordinance would not be observed by the driver of the automobile approaching the intersection from the north. Gosma v. Adams,
The verdict was clearly contrary to the evidence and must be reversed. Having reached this conclusion, it becomes unnecessary to consider other questions raised on this appeal.
The judgment is reversed.
BUFORD, C. J., BROWN and THOMAS, JJ., concur.