Welsh v. Porter

Henderson, J., delivered the opinion of the Court. This case arises out of an automobile accident at the intersection of Aisquith and Preston Streets in Baltimore City. The appellant, Mrs. Welsh, was driving south on Aisquith, the appellee, Mr. Porter, west on Preston. Both are one-way streets.

Traffic was controlled by an automatic signal light, with a cycle of red to green, and green to amber to red. There were five passengers in the Welsh car, none in the Porter car. Suits and cross suits were filed by all the participants. The jury answered issues finding Porter and Russell, a passenger in the Welsh car, free from negligence, but finding Mrs. Welsh guilty of negligence.

The collision occurred at about 7:20 A.M. on a rainy morning of October 23rd, 1959. Mrs. Welsh’s testimony that she had the green light in her favor about two or three car lengths from the intersection was corroborated by Mrs. Smith, Mrs. Crowe and Miss Beverly, passengers in her car. Another passenger Mrs. Russell, however, testified she did not see the light, but heard her husband exclaim “right through a red light.” Mr. Russell testified that he observed that “we were going through a red light” about sixty to seventy-five feet away and that the light continued to be red until he made the remark about it. There was also testimony, to which all of the occupants agreed, that just before reaching the intersection Mrs. Welsh turned her head to ask one of the occupants to close a win ⁴⁸⁵ dow.

Mr. Porter testified that the light was green for him as he approached Aisquith Street, and this was corroborated by a pedestrian who witnessed the accident. The officer who investigated the accident testified that he placed the point of impact, from statements of the parties, at ten feet south of the north curb and twenty-four feet west of the east curb. The Porter car struck the Welsh car at about the left front door. Each car was travelling at about twenty-five miles per hour, although there was some testimony that the Porter car was moving faster.

The appellant did not press in argument the contention made in her