Gunter v. Claggett

PETERS, P. J.— Shortly after 2 p. m. on the afternoon of March 30, 1943, Elmer Gunter, a minor of the age of eighteen, was operating a motorcycle in a northerly direction on Garrard Boulevard, in the city of Richmond, and the defendant Carl Claggett was driving an automobile registered in the name of his wife, the defendant Mildred Claggett, south on the same boulevard. Where Topeka Street comes into Garrard Boulevard from the east, Claggett attempted to make a left turn. During this maneuver the automobile and motorcycle collided. As a result of the accident Elmer received the personal injuries, and his father, plaintiff John Gunter, incurred the expenses for which this action was brought. Based on jury verdicts, judgment was entered in favor of Elmer for $5,000, and in favor of his father for $1,279.05. From this judgment the defendants appeal.

Garrard Boulevard runs north and south. It is 56 feet wide from curb to curb, and has a white line down the center. [639]There is a railroad to the west of Garrard Boulevard, and near the scene of the accident there are no streets coming into Garrard Boulevard from the west. Ohio Avenue comes into Garrard Boulevard from the east at an acute angle, so that one driving south on the boulevard would have to make about a 135° angle turn to make a left turn from the boulevard into Ohio Avenue. About 120 feet south of the south curb of Ohio Avenue, Topeka Street comes into the boulevard from the east, also at an acute angle, but opposite to the acute angle of Ohio Avenue, so that one driving south on the boulevard and making a left turn into Topeka Street would make a turn of about 45°. Topeka Street is 40 feet wide from curb to curb, and has no white center line. Between Ohio Avenue and Topeka Street, and southerly from Topeka Street east of the boulevard, is a large housing project for war workers employed at the Richmond shipyards.

At the time of the accident traffic was light, the day was clear and bright, the highways dry, and the two operators of the colliding vehicles had clear, unobstructed views in front of their respective vehicles. As already stated, Carl Claggett was driving south in an automobile oh Garrard Boulevard. Riding "with him was John Metcalf, also a shipyard worker, whom Claggett had picked up a few blocks northerly from the scene of the accident. Elmer Gunter was driving a motorcycle northerly on the same boulevard, and -with him on the motorcycle was his friend Prank Lawson. Lawson was unavailable at the time of trial, being on active duty with the armed forces. The fact that Elmer had a passenger on the cycle did not in any way interfere with the operation of the vehicle.