9830 Precedential Processed

Martin v. Slocum

Louisiana Court of Appeal, Second Circuit · Filed November 29, 1962 · 147 So. 2d 454

Also decided on this docket: La. Ct. App. 1st Cir., May 28, 1974 295 So. 2d 820; La. Ct. App. 1st Cir., November 30, 1931 137 So. 870; La., April 15, 1887 39 La. Ann. 443

Cited by

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Ritter v. Willis 425 So. 2d 1001 La. Ct. App. 1st Cir. 1983
McMullan v. Travelers Insurance Co. 311 So. 2d 902 La. Ct. App. 1st Cir. 1975
Carter v. New Orleans Public Service, Inc. 293 So. 2d 527 La. Ct. App. 1st Cir. 1974
Harris v. State Farm Mutual Automobile Insurance 287 So. 2d 560 La. Ct. App. 1st Cir. 1973
Hartford Accident & Indemnity Company v. Finley 282 So. 2d 830 La. Ct. App. 1st Cir. 1973
Kirby v. Brumfield 268 So. 2d 311 La. Ct. App. 1st Cir. 1972
Robertson v. Ratcliff 260 So. 2d 155 La. Ct. App. 1st Cir. 1972
Maranell v. United States Fire Insurance 253 So. 2d 643 La. Ct. App. 1st Cir. 1971
Deshotel v. Southern Farm Bureau Casualty Ins. Co. 224 So. 2d 191 La. Ct. App. 3d Cir. 1969
Bettis v. Paulsen-Webber Cordage Corp. 217 So. 2d 662 La. Ct. App. 4th Cir. 1969

all 19 citing documents »

Authorities cited

Identified automatically; this list may not be exhaustive.

Schindler v. Gage 59 So. 2d 215
Blue Ribbon Cleaners v. Aetna Casualty & Surety Co. 125 So. 2d 613
Potts v. United States Fidelity & Guaranty Company 135 So. 2d 77

Opinion text

147 So.2d 454 (1962) Albert F. MARTIN, Jr., Plaintiff-Appellant, v. Bessie M. SLOCUM et al., Defendants-Appellees. No. 9830. Court of Appeal of Louisiana, Second Circuit. November 29, 1962. Smitherman, Smitherman, Purcell & Lunn, Shreveport, for appellant. Cook, Clark, Egan, Yancey & King, Shreveport, for appellees. Before GLADNEY, AYRES and BOLIN, JJ. BOLIN, Judge. Plaintiff sued Bessie M. Slocum, her husband, and their liability insurer to recover damages for personal injuries, medical expenses, property damages and related losses allegedly resulting from an intersectional collision between an automobile driven by plaintiff and one owned by Mr. Slocum and being operated by his wife. From a judgment rejecting plaintiff's demand he has appealed. The accident occurred in the City of Shreveport at the intersection of Hollywood and Linwood Avenues where traffic is controlled by an electric semaphore light with the usual alternating red, yellow and green signals. Both streets are undivided four-lane thoroughfares, Linwood running north and south and Hollywood east and west. Plaintiff charged Mrs. Slocum with negligence in entering and attempting to cross the intersection against a red traffic light, failing to maintain a proper watch, failing to yield the right of way across the intersection after plaintiff's prior entry therein, driving her car at an excessive rate of speed, failing to maintain proper control over her vehicle, failing to take any evasive *455 action whatsoever, and alternatively, having the last clear chance of avoiding the accident. After denying the above alleged acts of negligence with which Mrs. Slocum was charged, the defendants affirmatively charged plaintiff with negligence and alternatively with contributory negligence in running the red light, entering the intersection without yielding the right of way to a vehicle already therein, failing to keep a proper lookout, failing to maintain his vehicle under proper control, and leaving a place of safety and driving his vehicle directly into the path of another vehicle. In a well-reasoned written opinion the trial judge found both drivers guilty of negligence and rejected plaintiff's demands under defendant's plea of contributory negligence. After outlining the testimony of the various witnesses, he concluded Mrs. Slocum entered the intersection while the signal light was yellow, indicating caution, but before she cleared the crossing it had turned red. He further found that Martin proceeded into the intersection either against a red light or as it turned green without allowing the Slocum vehicle sufficient time to clear the crossing. Perceiving no error, manifest or otherwise, we adopt the lower court's findings of fact. Under the facts as found plaintiff was clearly guilty of negligence which was a proximate cause of the accident precluding his recovery under the plea of contributory negligence. Whether Mrs. Slocum was also negligent, as found by the lower court, we are not called upon to decide as such may be conceded for the purpose of passing on the special plea. The law is well settled that where traffic is controlled by an electric semaphore light a motorist is guilty of negligence if he proceeds into an intersection after a red light turns to green without allowing sufficient time for those in the intersection to clear same. Schindler v. Gage (Orl.App., 1952), La.App., 59 So.2d 215 ; Blue Ribbon Cleaners v. Aetna Casualty & Surety Co. (La.App. 4 Cir., 1961), 125 So.2d 613 ; Potts v. United States Fidelity & Guaranty Co. (La.App. 2 Cir., 1961), 135 So.2d 77 . The judgment appealed from is affirmed at appellant's costs. Affirmed.