Gertrude A. Johnson v. Leonard R. Cone Et

This action is based upon an automobile collision alleged to have been caused by the Concurring negligence of both defendants. Verdict and judgment were against both defendants, but defendant Cone has alone excepted. When not named Cone will be referred to herein as the defendant. The accident happened at about 10 P. M. on May 31, 1941, in a rural area on Route 4 from Rutland to Woodstock opposite the entrance of a side road known as the Gleason road. Route 4 runs approximately east and west and at this point is straight with a good view of traffic in both directions. The road surface consists of two 10 foot lanes of cement and 5 foot tarvia shoul-ders. The Gleason road has a gravel surface and enters Route 4 from the southwest, and at the intersection has a bell shaped opening 75 feet wide. In this opening there is a cement apron on Route 4, 58 feet and 9 inches long and 4 feet wide taking the place of the tarvia shoulder at that place. A minute or two before the accident Cone, who was on his way to his home in Woodstock, had stopped his car 14 inches off and southerly of this apron with its front wheels about one foot west of the easterly end of the apron, for the purpose of righting a box of turtles which was being carried upon the rear seat. The evidence was very conflicting, but viewed most favorably to the plaintiff reasonably tended to show the following facts: Although the entire width of the Gleason road opening was worked and available for travel, the usual course of travel to and from this road over Route 4 took the course of a Y, the travel to and from the west on Route 4 taking the left or west arm, and the travel to and from the east taking the right or east arm. Cone's lights were off and his car completely blocked the east arm of the Y as traveled, although occupying only a small portion of the entire width of the opening. The accident happened when defendant Wardwell, who was traveling westerly on Route 4, negligently drove to his left in front of the plaintiff, who was traveling in the opposite direction, in order to turn into the Gleason road over the east arm of the Y. Before turning Wardwell had slowed up and was driving close to the center of the road. Immediately after passing the center of the intersection of the east arm of the Y and Route 4 he slowed down to about 15 miles per hour and turned to cross the south lane of Route 4, when for the first time he saw the Cone car blocking his way. The plaintiff's car was approaching at about 40 miles per hour and he was caught in a pocket. He attempted to pull around back of the Cone car and had slowed down nearly to a stop before the impact. The right front end of his car collided with plaintiff's car when he was only part way across her lane of travel and a short distance northwesterly of the rear of the Cone car. Had the Cone car not been there he could have made the turn without accident.