Nestor v. Item Co.
Nestor v. Item Co.
Opinion of the Court
This suit results from an intersectional collision between a Ford car owned and driven by plaintiff and an International truck owned by defendant, Item Company, Ltd., and driven by its employee in the course and within the scope of his employment.
Plaintiff, at about 4:15 in the morning, was driving his Ford on Washington Avenue towards the Mississippi river. Defendant’s truck was being driven down Howard street towards Canal street. After plaintiff’s Ford crossed the neutral ground of Howard street and entered the riverside driveway of that street the collision occurred.
Plaintiff contends that he had the right of way; that defendant’s truck was proceeding at too rapid a speed; that it gave no warning of its approach; that its headlights were poor; and that the brakes were not in working order.
The trial judge came to the conclusion that defendant’s truck was being carelessly operated or was in a defective condition and that there was no contributory negligence on the part of plaintiff and rendered judgment in plaintiff’s favor for $184 as prayed for.
Under the traffic ordinance which is involved and which has been introduced in evidence, to-wit: Ordinance No. 7490, C.C.S., both Washington Avenue and Howard Avenue, at that point, are right of way streets and, in this situation, since the truck of the Item Company was approaching from plaintiff’s right, the truck should have been given the right of way, assuming that both vehicles reached the intersection at approximately the same time and that it' had not been pre-empted by plaintiff.
We also find that article 1, paragraph 7, subdivision (d) of the' Ordinance should be taken into consideration because under that subdivision plaintiff should have stopped and sounded his horn when he arrived on the neutral ground of Howard street and before he attempted to cross the riverside driveway. He admits that he did not do this.
We find it unnecessary to discuss the details of the evidence with reference to the charges of negligence hurled at defendant because, as we have said, whatever may have been the fault of defendant, it is manifest that the accident could have been avoided had plaintiff himself complied with the provisions of the traffic ordinance and had he exercised due caution. His own contributory negligence bars his recovery.
The judgment appealed from is annulled, avoided and reversed and there is -now judgment dismissing plaintiff’s suit at his cost.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.