Cobourn v. Morrison

Marbury, J., delivered the opinion of the Court. This case involves an appeal by the appellants, husband and wife, plaintiffs below, from a judgment in favor of the appellee for costs in a case arising out of a rear-end collision between two automobiles, one being operated by the appellant wife, and the other by the appellee. It was tried before a jury, Judge Kathryn J. Lawlor Shook presiding. In seeking reversal the appellants present two questions: (1) Did rulings of the court on the admissibility and nonadmissibility of evidence confuse the jury and prejudice appellants’ case; and (2) was there sufficient evidence to warrant instructions on contributory negligence?

The accident occurred on November 19, 1957, at approximately 9:15 a. m., on Georgia Avenue, at its intersection with Lucerne Avenue, in Silver Spring. At this point Georgia Avenue has three lanes of traffic in each direction, divided by a center island. This thoroughfare is a main artery leading into Washington, D. C., and the southbound traffic on the morning in question was heavy, as it is every weekday morning. For the purposes of this opinion we will first consider the second question presented: “Was there sufficient evidence to warrant instructions on contributory negligence?” In this case there was no agreement on any important feature of the accident except the location of the same, and the minimal damages sustained by both cars.

There was conflicting testimony on every aspect of the accident. The jury could have found that Mrs. Cobourn traveled lawfully on Georgia Avenue to the intersection of Lucerne Avenue, gave a left turn signal over the proper distance, came to a stop, was stopped an appreciable time, was hit by the automobile operated by the appellee in the rear, that the appellee immediately got out of his automobile and volunteered to the appellant that he was sorry, that he didn’t know what happened, that he didn’t see her car, that he was in a hurry, that he had an ⁹⁸ important meeting of some kind and was late, that it was his fault and that he said: “Let’s not tie up traffic any more, just let’s get the cars out of the street.” On the other hand, the jury could have found that the appellee was traveling lawfully to the rear of the appellants’ automobile, that Mrs. Cobourn had contemplated a turn to the left over a long distance, that she gave no turning signal, that the traffic was heavy, that the appellee was confined to the lane in which they were both traveling, that the morning was wet, that the surface of the street was wet and covered with leaves, that without warning the appellant abruptly stopped, that the appellee in the exercise of due caution immediately applied his brakes but was unable to