Rumbley v. Baltimore Transit Co.

Delaplaine, J., delivered the opinion of the Court. This suit was brought by Walter L. Rumbley against the Baltimore Transit Company to recover damages ¹⁶⁷ sustained to his Dodge sedan when it was struck by a streetcar owned and operated by defendant at the intersection of Eldorado and Belvieu Avenues in the suburban section of Baltimore. The collision occurred on August 21, 1948, at about 11 p.m. The weather was clear.

Plaintiff was driving south on Eldorado Avenue, while the streetcar was coming east on Belvieu Avenue. Plaintiff testified that he reduced his speed as he approached Belvieu Avenue, and looked to the right and left. He admitted that he saw the streetcar coming from the right, but he said that it appeared to be about a half block away, and that he did not look for it again, but proceeded across Belvieu Avenue at a speed of about 15 or 18 miles an hour. When his automobile was on the eastbound track, it was struck on the right fender and was hurled more than 30 feet upon the lawn on the southeast corner.

After the trial judge gave his instructions, the jury rendered a verdict in favor of plaintiff for $334.10. Defendant thereupon filed a motion for a judgment n.o.v., and the judge granted the motion and entered judgment n.o.v. for defendant. On this appeal from the judgment, plaintiff contends that he cannot be held guilty of contributory negligence as a matter of law merely because he did not continue to look for the streetcar, inasmuch as it was a considerable distance away but was traveling at an excessive speed. It is an established principle in this State that the respective rights of the operators of streetcars and automobiles to the use of the streets of a city are equal, and their duties in reference to the observance of precautions against injuries are reciprocal.

But as to statutory right of way, see Caryl v. Baltimore Transit Co., 190 Md. 162 , 58 A. 2d 239 . Accordingly, in the absence of statute or ordinance, a streetcar crossing an intersection and an automobile approaching at right angles have equal rights to the use of the intersection. Each operator must use reasonable care and caution to avoid a collision. There is, of course, no specific rule applying to all circumstances ¹⁶⁸ to warn the driver of an automobile, under penalty of being charged with negligence, when to wait before crossing a street on which a streetcar is approaching.

Whether a motorist is guilty of contributory negligence in attempting to cross an intersection ahead of an approaching streetcar, which he plainly sees, depends upon the respective speeds of the two conveyances and their relative distances from the intersection. A motorist who crosses an intersection in front of an approaching streetcar may not be negligent if a reasonably prudent man would accept the hazard and undertake to cross. The streetcar may be so far away at the time the motorist attempts to cross that it could be said without doubt that he was not guilty of negligence. On the other hand, the streetcar may be so near that the motorist would be reckless to attempt the hazard of crossing.

A motorist who recklessly attempts to cross a car track, when a person of ordinary prudence would not undertake to do so, is guilty of contributory negligence as a matter of law. Where the evidence shows unmistakably that the motorist’s injuries resulted from an attempt to cross the car track in the face of evident danger,