Riberkoff v. Fields

Moylan, J., delivered the opinion of the Court. The automobile collision which gave rise to the present suit occurred on May 17, 1968, at the intersection of Fayette and Schroeder Streets in Baltimore City. Schroeder Street runs north and south and at the point of its intersection with Fayette Street, it is controlled by a stop sign in both directions. Fayette Street runs east and west, but at that point is a one-way street with traffic permitted to move only in a westerly direction.

Sidney Z. Fields, the plaintiff below, (the appellee), was, immediately before the collision, proceeding in a northerly direction on Schroeder Street. James Green, a co-defendant below and the driver for the co-defendant Diamond Cab Company, (the appellants here), was, immediately before the collision, driving his taxicab in a southerly direction on Schroeder Street. It was the intention of Mr. Green to stop at Sampson’s Barbecue, a lunchroom located at 944 W. Fayette Street. Sampson’s Barbecue was located just to the east of the intersection, to Mr. Green’s left as he approached it.

Because of the one-way street westbound, Mr. Green could not turn to the left. He stopped in response to the stop sign, looked in both directions, observed no traffic, and then proceeded to turn to his right or in a westerly direction just far enough to get his taxicab aligned with the axis of Fayette Street. He then shifted into rear gear and proceeded to back in an easterly direction across Schroeder Street with the intention of parking in front of Sampson’s Barbecue once he had backed all the way across the street. Mr. Fields testified that as he approached Fayette Street, he stopped in response to the stop sign.

He looked to his left and right and, seeing nothing, proceeded into ²⁹⁰ the intersection. Just as Mr. Fields was approximately three-quarters of the way across the intersection, the rear of Mr. Green’s taxicab struck the left side of Mr. Fields’ automobile. The jury returned a verdict in the amount of $2,072.38 for the appellee against the appellants. Upon this appeal, the appellants claim 1) that the trial court committed error by admitting into evidence the police report of an investigating officer, a part of which was inadmissible hearsay and 2) that the trial court committed error in failing to grant the defendants’ motion for a directed verdict at the conclusion of the entire case.

It was of significance to the appellee’s case that the side of his automobile was struck by the rear of the appellant’s taxicab and that the taxicab backed into him. Recalling seeing nothing prior to the impact, the appellee could not testify that he had actually seen the appellant backing toward him. Although arguably this fact might be deducible from the locations of the damage to the respective vehicles, the fact was established in another fashion. Officer Kevin Hilereth responded to the scene of the accident.

He prepared a police report, a part of which contained his own direct observations and a part of which contained a version of the accident as given to him by witnesses. When the trial court agreed to receive in evidence the entire police report, the appellants vigorously objected. It may well be that portions of that report were inadmissible. See Levine v. Beebe, 238 Md. 365 ; Holloway v. Eich, 255 Md. 591 ; Honick v. Walden, 10 Md. App. 714 .

In this case, the issue is moot, however, since the appellant took the stand, as a part of the defense case, and testified explicitly that he did, indeed, back into the side of the other vehicle. Rosetta Neeley, a passenger in the taxicab, another defense witness, also testified to the same fact. Since the evidence was properly before the jury via the testimony of the appellant Green and the witness Neeley, its reception on another occasion via the hearsay route was simply cumulative and could in no event be deemed prejudicial. Maged v.