Palmer Ford, Inc. v. Rom

Henderson, J., delivered the opinion of the Court. In this motor vehicle collision case, the defendant challenged the sufficiency of the evidence to establish primary negligence, moved for a directed verdict on the ground of contributory negligence, and objected to a portion of the court’s charge to the jury, referring to the statute prohibiting passing within a hundred feet of an intersection, as inappropriate under the facts of the case. These are the only points pressed on appeal. ¹⁶⁸ The plaintiff, Rom, who operated a dry cleaning business in Hyattsville, was driving his panel delivery truck west on Hamilton Street, intending to make a left turn into a private driveway between intersections, located about forty feet from the one ahead, Thirty-sixth Avenue, when he was struck in the left rear by a Ford belonging to Palmer Ford, Inc., and driven by its employee, Caruso. Rom testified he had been proceeding at about twenty-five miles per hour, and gradual^ reduced his speed as he approached the turning point to a speed of about five miles per hour.

Hamilton Street at the turning point is a two-lane street, about twenty-six feet wide, where traffic moves in both directions. When he was about one hundred and twenty-five feet from the turning point, he put on the mechanical blinker signal for a left turn, and also put out his arm. He looked in the rear view mirror but saw no vehicle behind him. He heard the squealing of brakes, then felt an impact which drove his truck into the private driveway.

His truck was driven about twenty-five feet after the impact, and slid around so that the right rear crashed into a stone wall. In addition to the damages to his truck, the plaintiff suffered personal injuries. Officer Baggett, called by the plaintiff, testified that he reached the scene of the accident before the vehicles had been moved. The Ford was standing about eight feet behind the truck, and he observed its skid marks fifty-five feet in length, which straddled the center line at the point of beginning and extended into the south lane where the Ford was standing.

The right front of the Ford was damaged, and there was some debris immediately in front of it, indicating that this was the point of impact. Caruso testified he overtook the Rom truck, while he was driving about thirty miles per hour in the north or right hand lane and intending to pass it on the left. The truck was slowing down, almost stopped. He saw no signal, mechanical or otherwise.

He did not sound his horn. He started to pass, the truck turned in front of him, and he put on his brakes. The impact occurred in the south or left hand lane. He testified he said to Rom, “Don’t you give a turn signal when you turn?”, and Rom replied, “I guess not.” Rom ¹⁶⁹ denied making this statement.

There were no eye witnesses to the collision. The appellant relies strongly upon the case of Wallace v. Fowler, 183 Md. 97, but we think it is clearly distinguishable. In that case the overtaken car, proceeding south on the Ritchie Highway, attempted to make