(DOWNLOAD) "Erma Evangeline Socier v. J. C. Woodard" by Supreme Court of Alabama " Book PDF Kindle ePub Free
eBook details
- Title: Erma Evangeline Socier v. J. C. Woodard
- Author : Supreme Court of Alabama
- Release Date : January 21, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
PER CURIAM. This is an appeal by defendant from a judgment against her in favor of plaintiff for personal injuries sustained
by him in a collision between trucks driven by each separately. The trucks were traveling north on Highway 31 which has four
lanes, two for traffic in both directions. The four lanes are divided by a concrete 'island' about four feet wide with sloping
sides and is six inches higher than the road. At a point about seven miles north of Cullman where the terrain is very rough,
in a mountainous region, the road extends along a high fill in a deep valley and up beyond the valley is an extended incline.
The distance from one crest to the other is about two and one-half miles. As plaintiff's truck passed over the crest going north, he saw defendant's truck going in the same direction. Both were in
the right of the two lanes for northbound traffic. The time was about 1:30 p. m. Plaintiff's truck was a one ton Ford carrying
newspapers out from Birmingham. Defendant was driving a three quarter ton Chevrolet truck pulling a house trailer. Her husband
was in the truck with her. Just before the point of contact defendant was traveling about thirty to thirty-five miles per
hour and plaintiff was traveling about forty to forty-five miles per hour. Plaintiff testified that about fifty yards behind
defendant's truck he gave a loud signal with his horn indicating a desire to pass and turned into the left lane in order to
do so. Plaintiff further testified that without warning defendant turned her truck toward and into the lane in which plaintiff
was traveling, and that the rear bumper of her truck (not the trailer) hit his truck in the side and the trucks hitched and
both crossed the 'island' into the lane for southbound traffic and he lost control of his truck which went down the embankment
throwing him out and causing him serious bodily harm. His testimony was corroborated by that of highway patrolman Richey who
testified as to the track and skid marks on the road.