Yellow Transit Freight Lines v. Allred

1 This action was filed by Mrs. Zella L. Allred against Buske Lines, Inc., Yellow Transit Freight Lines, Inc., and Hiram Orvel McMillan to recover damages for personal injuries suffered by her in an automobile collision. Prior to the trial the action was dismissed as to defendant Buske Lines, Inc. Plaintiff alleged in her amended petition that the Yellow Transit Freight Lines, Inc. was a corporation and that Hiram Orvel McMillan was the agent employee and truck driver of the said corporation; that in November, 1951, about 5:00 P.M., she was driving a Chevrolet sedan east on U.S. Highway 66, that as she approached Camp Creek bridge about six miles east of Stroud the defendant McMillan, driving an International truck belonging to the Yellow Transit Freight Lines, Inc., approached from the east at a speed of about 40 miles an hour, and as she approached the bridge he drove the truck to the left of the center line of the pavement, causing the plaintiff to drive to the extreme south side of the pavement and stop before reaching the bridge; that the International truck owned by Buske Lines, Inc., driven by Troy Massey, approached from the west and ran into and against the rear of plaintiffs vehicle, knocking it forward and sidewise into the side of the Yellow Transit trailer, producing certain described permanent bodily injuries and damages which were alleged to have been directly and proximately caused by the joint concurring and active negligence of the defendants, and alleged that defendants were guilty of negligence in violating the state statute, Title 47 O.S. 1951 _ 121.3 [47-121.3], subsection (a), which directs that a driver of a vehicle on the highway shall drive at a careful and prudent speed, having due regard to the traffic and other conditions, and at a speed that will enable him to stop within the assured clear distance ahead, and also violated Title 47 O.S. 1951 _ 121.4 [47-121.4], subsection (b), which requires drivers proceeding in opposite directions to pass each other to the right and upon roadways having a width for only one line of traffic in each direction, each driver shall keep to the right of the center of the roadway. Plaintiff alleged that she had a life expectancy of 31.75 years, and prayed judgment in the aggregate amount of her alleged damages. The defendants filed an answer denying the allegations of the petition, and alleged that the accident was an unavoidable collision, occurring through no fault of theirs; that if they were negligent, which was denied, then plaintiff was negligent in that she failed to signal her intention to stop; that she stopped her vehicle on the travel portion of the highway and failed to have her headlight, taillight displayed, which negligence contributed to and caused the injuries complained of. And further alleged that it was the negligence of Buske Lines, Inc., which was the intervening proximate cause of the accident and resulting injuries; that the independent and intervening negligence of Buske Lines superseded and insulated any negligence of the defendants in that the Buske Lines violated the law in driving its truck at such a speed that it was unable to stop within the assured clear distance ahead and violated the statute which prohibits the driving of a motor vehicle behind another more closely than is reasonable and prudent, and that it had insufficient brakes, or failed to use them, to stop its vehicle and avoid the collision with plaintiff, and further alleged that plaintiffs negligence, coupled with that of Buske Lines caused and contributed to the accident and but for which the accident would not have occurred.