Hiatt v. Brockman

CONREY, P. J.

In No. 8644, the plaintiff sued to recover damages for the death of his minor son Jackie Verne Hiatt, resulting from a collision between an automobile operated by the plaintiff and a truck and trailer operated by the defendant Henry E. Brockman; it being alleged that said collision and said death of said plaintiff’s son were caused by negligence of the defendant Henry E. Brockman in his operation of said truck and trailer. In No. 8645 it was alleged that Dorothy Lillian Hiatt, wife of the plaintiff Harry C. Hiatt and daughter' of the plaintiff Anna M. Headrick, was killed as a direct and proximate result of the negligence of said Brockman as above stated. In No. 8646 the plaintiff Harry C. Hiatt sued for personal injuries received by himself in the same accident above mentioned. The defendants, Patritti and Patritti Bros., are sued as owners of said truck and trailer and employers of Brockman. In each action, judgment was entered against the defendants, and they appeal therefrom.

The accident occurred thirty minutes after midnight, at the intersection of Western Avenue and 190th Street. Plaintiff, in a Ford car, was going north on Western Avenue. Brock-man, in his truck, was going west on 190th Street. There was a “boulevard stop” sign, which required a stop to be made before attempting to cross Western Avenue at that intersection. One of the alleged negligent acts of Brockman was, that he failed to stop, and that he carelessly proceeded across, all without due regard for the safety of others..

It is contended by appellants that the evidence is “insufficient to show” negligence on the part of appellants. There is evidence, substantially tending to prove that Brock-man was crossing the intersection at an excessive speed, and without having made the boulevard stop. His own testimony is that he did stop, and that his speed was only twelve miles per hour. But there is other evidence showing that when questioned soon after the accident, he carefully limited his re

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plies to a statement that he “slowed down”. And as to speed within the intersection, the plaintiff testified that the truck was moving at not less than twenty miles per hour.

Appellants contend that the evidence “clearly shows’’ that the plaintiff was guilty of negligence which contributed proximately to the collision. But while some of the evidence tends toward support of this argument, there is substantial evidence to the contrary. Both on the question of negligence of the defendants, and on the issue of contributory negligence, notwithstanding some evidence in favor of the defendants, the verdict is based upon evidence amply sufficient to sustain the jury’s decision.