Coleman v. Ward
Coleman v. Ward
Opinion of the Court
Coleman, plaintiff in the Circuit Court of Lowndes County and appellant here, sued both Goswick, in whose truck he was a passenger, and Mrs. Ward, with whose vehicle Goswick’s truck collided, injuring plaintiff. The jury returned a verdict in favor of both defendants. Plaintiff appealed; before the case was briefed in this Court a settlement was reached between plaintiff and Mrs. Ward and the appeal was dismissed as to her.
Coleman maintains that he was entitled to a peremptory instruction on the issue of Goswick’s negligence based on the proposition that Goswick violated Mississippi Code 1942 Annotated, Section 8185 (1956) which prohibits a motorist from driving on the left side of the highway when approaching within one hundred feet of “any intersection” and, thus, was negligent as a matter of law. This T intersection is unmarked and, according to the overwhelming weight of the evidence, it is difficult to see the entrance to Officers’ Lake Road when traveling on the paved highway.
This Court said in Gore v. Patrick, 246 Miss. 715, 150 So.2d 169 (1963) the following :
We are of the opinion that an intersection that is not marked by signs and which would not be observed by a reasonable careful operator of a motor vehicle is not an intersection within the meaning of the statute. Any other interpretation of the statute would not be sensible nor, would it be practical to obey. It would not be reasonable to require a motorist to observe this statute in respect to intersections which are not marked by signs or observable by the operator of a vehicle in the exercise of reasonable care. (246 Miss. at 721, 722, 150 So.2d 171).
Since the Gore case is controlling, plaintiff’s argument that Goswick was guilty of negligence as a matter of law is without merit. Moreover, this issue was presented to the jury by instructions 'most favorable to plaintiff.
The verdict was in accord with the overwhelming weight of the evidence including plaintiff’s own testimony.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.