Coco v. Greenhouse
Coco v. Greenhouse
Opinion of the Court
This is a suit by plaintiff to recover damages to a 1951 Oldsmobile Sedan resulting from a collision between the said automobile driven by his minor son and a Chevrolet pickup truck driven by the minor son of defendant. From judgment rejecting plaintiff’s demands he has brought this-appeal.
The accident occurred at the intersection of Washington and Mark Streets in the Town of Marksville at or about 11:00 o’clock, P.M., on April 18, 1956. Plaintiff’scar, driven by his minor son, was proceeding west on Mark Street and defendant’s truck, driven by his minor son, was moving north on Washington Street. Traffic at the intersection is ordinarily controlled by a signal light but this device was not in operation at the time of the accident. A building at the southeast corner of the intersection somewhat obstructs the view of approaching westbound traffic on Mark Street. While the exact point of the collision is not definitely established, it appears that it was located in the northeast quadrant of the intersection. Photographs introduced in evidence indicate that the left front of the Oldsmobile car struck the right side of the Chevrolet truck at a point slightly behind the right front wheel and that the rear of the automobile then swung to its left and collided with the right body of the truck in a sort of sideswiping movement.
Charges of negligence made by plaintiff against the driver of defendant’s truck, and almost identical counter-charges, represent, an effort on the part of each party to fix the responsibility for negligence upon the other, on grounds of excessive speed, failure to maintain a proper lookout and to exercise adequate control, etc.
The drivers of the vehicles involved were the only eyewitnesses to the accident, and it is clear from a study of their testimony that neither of them made sufficient observation before entering the intersection. Young Coco testified that he did not see the truck before the collision, and the Greenhouse youth testified, by deposition, that he did not see the Coco car until it
The record does not justify the conclusion that either of the vehicles was traveling at an unreasonable speed. As to the urgently argued dispute with respect to the right-of-way, it suffices to say that neither of the drivers involved, under the circumstances, had any reason to rely upon this protection.
As above stated, we are convinced, from our examination of the record, that the accident resulted from the joint and concurrent negligence of the drivers of the two vehicles in failing to make proper observation and to see that which could and should have been seen.
For the reasons assigned the judgment appealed from is affirmed at appellant’s cost.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.