Memphis Street Ry. Co. v. Ikerd
Memphis Street Ry. Co. v. Ikerd
Opinion of the Court
-This is an appeal from a judgment for damages for personal injuries which the appellee sustained in a collision between an automobile in which she was riding and a street car belonging to appellant. The collision occurred at a point where appellant’s railway tracks cross Highland avenue outside the corporate limits of the city of Memphis. The automobile belonged to appellee’s brother, who was driving it. Appellee was a guest in the automobile, sitting in the rear seat. She was herself engaged in looking out for approaching ears. The parties assume in argument, as we do for the purpose of this opinion, that she was bound to exercise ordinary care to discover the approaching car. Appellant contends that she failed to do this, and for that reason the trial court should have directed a verdict in its behalf.
Baltimore & O. R. R. Co. v. Goodman, Adm’x, 275 U. S. 66, 48 S. Ct. 24, 25, 72 L. Ed. 167, 56 A. L. R. 645, is cited by appellant as controlling. We pass without considering the circumstance that in that casé it was a steam railway and in this one a street railway crossing; Otherwise the eases have one fact in common; that is, in each the injured party “had no practical view” of the track for a sufficient distance to be sure that a train was not approaching. In other respects they are different. Goodman did not stop his automobile; the appellee’s automobile was stopped,
Judgment affirmed.
Reference
- Full Case Name
- MEMPHIS STREET RY. CO. v. IKERD
- Status
- Published