Pohi v. Topal
Pohi v. Topal
Opinion of the Court
Plaintiff appeals from a judgment entered in the Passaic County District Court in an action for property damage arising out of an automobile accident. The judge, sitting without a jury, found that plaintiff-operator was negligent to the extent of 70% and defendant was negligent to the extent of 30%. Applying this comparative negligence formula to the stipulated damages he entered judgment for defendant on plaintiff’s complaint and a judgment in favor of defendant on the counterclaim in the amount of $183.
The collision occurred at an intersection controlled by traffic lights. It is not disputed that plaintiff stopped for a red light at the intersection and entered the intersection after the light had changed to green. She testified that before entry she made observations in both directions and saw some cars in the distance. After traversing three of the four lanes of the intersecting road a collision occurred between her right front and the left front of defendant’s vehicle which was proceeding from her right.
The trial judge in his findings relied in great part upon his assumption that N. J. S. A. 39:4-93 “is intended to give a right of way to processions and takes precedence” over N. J. S. A. 39:4-105 which mandates that traffic stop in the face of a red light. It was on this assumption that he structured his finding of plaintiff’s negligence to the degree of 70%.
N. J. S. A. 39:4-93 provides:
Processions
If a procession takes longer than five minutes to pass a given point, it shall be interrupted every five minutes for the passage of traffic which may be waiting.
Authorized emergency vehicles. United States mail vehicles and physicians vehicles shall have the right of way through a procession.
We are unable to find any legislative intent in this section of the statute or any other section of the Traffic Act that an operator in a funeral procession has a right of way when confronted with a red light at a controlled intersection. We know of no law, statutory or otherwise, in this State which permits a member of a funeral procession to disregard a traffic signal unless directed to do so by a police officer. See N. J. S. A. 39 :4—80.
The judge’s interpretation of the statute is erroneous and his substantial reliance thereon as evidence of negligence of plaintiff renders Ms ultimate findings unsupportahle.
We do not retain jurisdiction.
For cases in other jurisdictions which reach the samo conclusion, see Nabors v. Spencer, 262 S. C. 630, 207 S. E. 2d 79 (Sup. Ct. 1974); Newell v. Peters, 406 S. W. 2d 814 (Mo. Ct. App. 1966) ; Merkling v. Ford Motor Co., 251 App. Div. 89, 296 N. Y. S. 393 (1937); Vinci v. Charney, 192 Misc. 302, 80 N. Y. S. 2d 521 (Sup. Ct. 1948).
Reference
- Full Case Name
- HAROLD POHI AND KAIE POHI v. SARA TOPAL AND BURTON E. TOPAL, DEFENDANTS-RESPONDENTS
- Cited By
- 1 case
- Status
- Published