PETROLEUM CARRIER CORPORATION, A CORPORATION,
v.
FLORENCE W. HALL, WIDOW

Fla. | 1947-01-13
CHAPMAN, C.J., BUFORD and ADAMS, JJ., concur.
158 Fla. 549 Florida Supreme Court (1947) Negative Treatment
Also reported at: 29 So. 2d 624
Cited by 18 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Petroleum Carrier Corporation appeals a $7,500 jury verdict awarded to Florence Hall for damages arising from a collision between appellant's gasoline truck and appellee's automobile at a busy highway intersection. The sole issue on appeal concerns the trial court's instruction on the doctrine of last clear chance, which the court affirmed as proper.


Holding

The trial court did not err in charging the jury on the doctrine of last clear chance. The truck driver's approach to a heavily trafficked intersection at 40-50 mph constituted gross negligence, and the doctrine was appropriately applied to aid the injured party where the defendant had the last clear chance to avoid the collision but failed to exercise reasonable caution.


Key Quotes

“It is gross negligence to approach such an intersection at that rate of speed.”

Establishes the standard for the truck driver's conduct approaching the busy intersection at 40-50 mph

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

A gasoline truck owned by Petroleum Carrier Corporation, traveling at 40-50 mph, collided with a Buick car and trailer belonging to Florence Hall at t…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
TERRELL, J.:

TERRELL, J.:

This appeal is from a judgment awarding appellee damages in the sum of $7,500.00, predicated on the verdict of a jury. A gasoline truck and trailer, owned by appéliant, collided with a Buick car and trailer, belonging to appellee. Appellee’s trailer was wrecked, her goods were destroyed, and she was injured. The collision took place at the intersection of U. S. Highway 1 (State Highway 4) with State Highway 13, at Callahan, in Nassau County, Florida.

The only error relied on for reversal has to do with a charge of the court relative to the doctrine of last clear chance.

Such an assignment must be examined in the light of the evidence and the full charge. There was a charge of contributory negligence, and the trial court denied a motion for new trial. The evidence as a whole shows that the collision took place on one of the most frequently traversed road intersections in the State. There were filling stations in three corners of the intersection and a restaurant in the fourth. There were weeds and other impediments to vision, but the *550■road was straight and unobstructed in all directions. The plaintiff moved into the intersection at the rate of twelve miles per hour, and the defendant approached it at 40 or 50 miles per hour. It is gross negligence to approach such an intersection at that rate of speed.

The doctrine of the last clear chance was developed in aid of the injured party in cases like this. The defendant was 150 to 175 feet north of the intersection when the plaintiff moved into it and could have avoided the accident if he had been as cautious as the plaintiff was. The verdict of the jury settled the question of contributory negligence. Such were the facts that actuated the judgment and there is a dearth of reason to disturb it.

In its major aspects this case is not materially different from many others that arise from highway accidents. Some of them may be unavoidable but our experience has been that too many of them result from gross carelessness or reckless disregard of the right in common that others have on the road. In more than three hundred homes, so the reports say, we took down the mistletoe and the holly and hung up crape in response to recent Christmas revels. It was not so dan.gerous to face German guns and tanks in either world war.

If some heathen to whom we are dispatching missionaries should read our Christmas holiday death reports and then charge us with being highway barbarians we would be put to it to disprove the charge. What we need is a conventional code of road etiquette and to become as sensitive to it as we are to table etiquette. Some day before we have had good roads and automobiles as long as we had knives and forks we will become as civilized as we pretend to be and when we : do, some wise dowager will teach us road etiquette. It will then be as rude and ill bred to act the road hog or transgress road manners as it is to eat peas with a knife or lap soup from a spoon but it will save lives by the thousands, property by the millions and go far to make the public highways as safe to traverse as the public playgrounds. It will change the holiday season from a saturnalia or gory hazards to a season of happy memories.

*551When Jesus placed the emphasis on the common man instead of the big shots like Kings and potentates he made democracy a reality. When we imbide road manners enough to place the emphasis on human beings rather than on speed and gadgets and scrambled gas and liquor, when we learn that the public highway is not a private estate but that it is every persons fief and is not to be trespassed, we will have the answer to the heathen’s challenge and can in truth proclaim that we have extended civilization to an area long needed and prayed for.

Affirmed.

CHAPMAN, C.J., BUFORD and ADAMS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Weber v. Porco, 100 So. 2d 146 (Fla. 1958)
    …imately avoided the collision by the continued exercise of such care is a further aspect of the matter which appears to us to justify jury consideration. Dunn Bus Service, Inc. v. McKinley, 130 Fla. 778, 178 So. 865; Petroleum Carrier Corp. v. Hall, 158 Fla. 549, 29 So. 2d 624. Having therefore concluded that the entry of the summary judgment was error, we could relieve ourselves of further responsibility by simply reversing the judgment under assault. In view of the fact, however, that the parties have ra…
  • Connolly v. Wiley C. Steakley, 197 So. 2d 524 (Fla. 1967)
    …Beach Ry. Co. v. Dohme, 1938, 131 Fla. 171, 179 So. 166; Davis v. Cuesta, 1941, 146 Fla. 471, 1 So. 2d 475; Brandt v. Dodd, 1942, 150 Fla. 635, 8 So. 2d 471; Williams v. Sauls, 1942, 151 Fla. 270, 9 So. 2d 369; Petroleum Carrier Corp. v. Hall, 1947, 158 Fla. 549, 29 So. 2d 624; Panama City Transit Co. v. Du Vernoy, 1948, 159 Fla. 890, 33 So. 2d 48; Poindexter v. Seaboard Air Line R. Co., Fla.1951, 56 So. 2d 905; Rosenfeld v. Knowlton, Fla.App.1959, 110 So. 2d 90; Royal Kitchen Cabinet Corp. v. Palcic, Fla.A…
  • Todd v. Waters, 201 So. 2d 765 (Fla. 2d DCA 1967)
    …imately avoided the collision by the continued exercise of such care is a further aspect of the matter which appears to us to justify jury consideration. Dunn Bus Service, Inc. v. McKinley, 130 Fla. 778, 178 So. 865; Petroleum Carrier Corp. v. Hall, 158 Fla. 549, 29 So. 2d 624.” In Bailey v. Wilson, Fla.App.1965, 180 So. 2d 492, the 3rd District Court reversed an order entering summary judgment in a similar intersectional collision, where the plaintiff was driving slowly under dark, rainy, conditions, towa…

Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw