Davis v. Taylor

Henderson, J., delivered the opinion of the Court. This appeal in two consolidated cases arises out of an automobile collision. In one case the appellee (Taylor), the driver and owner of one car, sought recovery for property damage against William Carlton Davis, the driver of the other car. Carlton H. Davis, the owner of the other car, countered with a suit for property damage against Taylor, on his own behalf and on behalf of his insurance carrier.

It is conceded that William Carlton Davis (Davis) was not the agent or servant of his father, Carlton LI. Davis, at the time of the accident, and hence that the latter would not be barred by the negligence, if any, of his son. Prayers were offered by Davis for a directed verdict in the first case, on the ground ⁸⁶ of Taylor’s contributory negligence, and in the second. case on the ground of Taylor’s primary negligence. The trial court submitted the cases to a jury and after verdicts for Taylor in both cases, denied motions for judgments n. o. v. The facts are virtually undisputed.

Taylor was driving his car west on William Street, and Davis north on Davis Street, which is a through highway. Taylor testified he stopped, as required by the stop sign, and looked both ways. He did not see the Davis car until he was “about middle ways, or right in the center” of the intersection, when he saw it 30 or 40 feet to his left coming “like a bullet”. The impact was on his left front door.

He had “crossed the center of the intersection” when he was hit. The other car made “a little turn to the left”. Later, he testified that he was “past Davis Street” when he was hit. “Of course Davis Street is a little wider on the south side than it is on the north side”. He was “all the way across”.

Later, he said he was “about half way across”. He was asked whether the skidmarks would not show exactly where the impact took place, and he replied: “I would think so, yes, about.” He saw the skid-marks left by the other car. Officer Taylor testified he came to the scene of the accident and found the Taylor car damaged on its front and entire left ■side, and the Davis car on the front and right side. The Taylor car was upside down over an embankment on the northwest corner, the Davis car about 60 feet away to the north.

He fixed the point of impact as in the center of the intersection. He measured skidmarks left by the Davis car 90 feet in length, veering slightly to.the left, that is, from the northbound or right hand lane towards the center of Davis •Street. He found considerable debris and glass at the point ■of impact, and