McGarrey v. Duffy

Shehan, J., delivered the opinion of the Court. Paul A. McGarrey, the appellant, sued Clifford H. Duffy, individually and trading as Duffy’s Cabs, for injuries occasioned him by reason of an accident on Camden Street in Salisbury, Maryland. The declaration alleges that on the 18th day of September, 1937, the defendant recklessly, carelessly and negligently caused an automobile or cab owned by him, ⁶³⁵ and operated by Earl P. Adkins, his employee, to collide with and strike the plaintiff, and as a result of this collision he was seriously and painfully injured. At the conclusion of the entire testimony the trial court granted a prayer withdrawing the case from the consideration of the jury.

From the judgment for defendant this appeal is taken. It will be necessary, in order to properly consider this case, to give in short detail a description of the streets in Salisbury at and near the place of the accident. Camden Street, on which the accident occurred, is one of the principal thoroughfares of this city. It extends east and west, and one block north of this street and running parallel with it, is Main Street.

Running south is Market Street, and to the eastward thereof is Division Street. Camden Street connects with and ends at Division Street. Near the middle of the block and on the north side of Camden Street is Watson’s store. The dis-stance from Division Street along Camden Street to Market Street is 794 feet, and the distance from the place of the accident to Division Street is 349 feet, and to Market Street is 345 feet.

The width of Camden Street from curb to curb is twenty-three feet. On the night of the accident the plaintiff, Paul A. McGarrey, was riding with one Gaylord Tull in an automobile. Tull and the plaintiff had stopped for some purpose on Main Street and had proceeded thence westward to Market Street, thence southward one block to Camden Street, and had there made a left turn and had come to a stop on the south side of Camden Street, opposite Watson’s store and in the rear of a line of cars that were parked along the curb. McGarrey testified that he alighted from the automobile, which had stopped for the purpose of permitting him to go to Watson’s store to purchase fishing tackle.

He told Tull that he would be gone but a few seconds. He then proceeded to the rear of the automobile in which he had been riding and turned to cross the street. When he came to the left hand rear wheel and fender of the automobile, he placed his hand ⁶³⁶ on the fender and looked eastward toward Division Street for approaching traffic, and only saw- crossing Division Street, approximately 349 feet distant, an automobile which started to turn into Camden Street but did not do so, and proceeded southward on Division Street across the end of Camden Street. He then turned his head to look westward on Camden Street, and saw nothing approaching.

He then took one step and started to take a second step, when he was hit by the cab in question, which was proceeding westward on Camden Street. His testimony shows that he had a clear and uninterrupted view up Camden Street to Division Street. This in substance is the testimony relied upon by the plaintiff to carry his case to the jury. It is evident that the line of cars parked on the south side of Camden Street did not interfere with the plaintiff’s vision, because, when he took the step beyond the rear of the Tull automobile, they were not in his line of vision, and he could see the entire distance up Camden Street to Division Street, and could see the maneuverings of a car crossing the end of that stret, and could see it disappearing southward on Division Street.

Some reliance seems to be placed upon the parking of a single car on the north side of Camden Street, but that too did not seem to interfere with the vision of the plaintiff. It was parked about 300 feet from Division Street, and 45 feet from the plaintiff’s position at the time of the observation made by him of the car crossing the end of Camden Street, as above recited. The position of the parked car, however, marked out the lane of clear travel on the street, that is, a lane