Centorbi v. Luken's Steel Co.
Centorbi v. Luken's Steel Co.
Opinion of the Court
Plaintiff alleges that about 5:50 p. m., on the 28th day of September, 1925, he was driving a Ford truck, owned by the Hubig Pie Company, down Chartres Street; that when he neared the intersection of Mandeville Street, about fifty feet .away, he began to signal with his left hand, as he intended to turn to the left into Mandeville Street; that when he reached the intersection of Mandeville Street he began to turn to his left in
Loss of salary, 7 weeks at $32.50 $227.50
Doctor and medicine bills ________________ 75.00
Physical pain and mental anguish 2500.00
Total _____________________________________________________$2802.50
The Indemnity Insurance Company of North America filed a petition of intervention and third opposition,’ praying for a judgment in its favor for one hundred seventy-four and 40-100 dollars ($174.40), plus interest, etc., alleging that it carried workmen’s compensation insurance covering the Samuel Hubig Company against the hazard of compensation claims. The allegations in the petition of intervention are substantially the same as those of plaintiff’s petition.
The defendants answered, denying any negligence and pleading that plaintiff drove directly in the path of Thaddeus Luke, who was driving the Luken’s Steel Company’s truck up Chartres Street, in a legal manner, close to the right-hand curb, that petitioner, without any warning, attempted to turn into Mandeville Street, and by his own negligence in failing to give warning of his intention to turn, and in crossing the path of the truck driven by Thaddeus Luke, caused the accident in question; that at the time of the accident plaintiff was looking in the opposite direction from which your respondent approached, that plaintiff was making a left-hand turn, and did not comply with the city ordinance regulating turning from one street into another. Respondents denied that the brakes were defective and that speed was excessive and plead that there was a governor on the truck. Respondents alleged in the alternative, contributory negligence.
The learned trial Judge gave a decision, rejecting plaintiff’s demand and dismissing the petition of intervention.
Plaintiff has appealed to this court.
Only questions of fact are involved and a careful reading of the record convinces us that the conclusion of the trial Judge is amply sustained.
Plaintiff swears that he held out his left hand for seventy-five feet before he reached the intersection of Chartres and Mandeville, but the traffic ordinance of the City prescribes that signal as a warning for vehicles in the rear and we know of no law that makes such a' signal a warning to cars approaching on the next block. To prove his case, plaintiff alleged and tried to prove excessive speed of the truck, but in this essential he entirely failed.
The evidence shows that defendant’s
Plaintiff was making a left-hand turn and in doing so should have exercised the greater care.
For above reasons the judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.