Turnipseed v. Hoffman

EDMONDS, J.

In an action to recover damages, the court found that certain personal injuries had been caused by the negligent operation of an automobile and rendered judgment accordingly. Upon appeal, the trial judge’s findings are challenged as not being supported by the evidence.

At the time of the accident, Stanley F. Hoffman conducted a milk distributing business in the rear of his home. A driveway extended from the street along the side of the house to a garage on the rear of the lot. In the garage there was machinery used for refrigerating milk. An electric motor was out of order, and Hoffman called a service company to make necessary repairs.

A repairman responded but was unable to do the work required. However, he told Hoffman that he would send some one else to put the motor in order. Hoffman then left to deliver milk. Shortly afterward Harley Tumipseed appeared. He took the motor to his shop and, after making repairs, returned with it about six o’clock in the evening. To replace the motor it was necessary to back an automobile a few feet out of the garage. Standing upon an improvised platform of boxes which he placed between this automobile and the machinery, he proceeded with the work.

During this time Hoffman returned to his home driving a panel truck. It was then about seven o ’clock in the evening. He testified that he looked up the driveway and, seeing no vehicle standing in it, backed his truck toward the rear of the house and the garage. Driving at a speed which did not exceed one or two miles per hour, he said, he held the door of his truck open with one arm and continuously looked backward under his arm or over his shoulder.

To reach the loading platform which was his destination, it was necessary to change the course of the vehicle at the corner of the house. Just as he was about to do this, his truck struck the rear end of a small unlighted truck which Turnipseed had left in the driveway near the garage. The force of the impact drove this truck the short distance of about three feet separating it from the automobile which had been backed out of the garage, and carried that

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vehicle into the platform upon which Turnipseed was standing, causing him to fall from it. By this fall he claims to have sustained the injuries for which damages were awarded.