Chaffin v. Brame

64 S.E.2d 276 (1951)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P was driving his car, and Brame's (D) truck was parked upon the right side of the highway without lights or warning signals. It blocked the entire right traffic lane and virtually blended with the darkness of the night. P was going 40 miles an hour when a passenger car driven by Garland, displaying glaring and undimmed headlights came in the opposite direction. When P came within 200 feet of the Dodge truck, he was partially blinded by the glaring and undimmed headlights. P substantially reduced the speed of his car and blinked his lights. Garland failed to dim his headlights. P could not see D's truck until his car passed the headlights of the Garland automobile. It was only 30 feet away. The right side of his car struck the rear of the truck and sustained damage. P's speed did not exceed 20 miles an hour at the instant of impact. D admitted shortly after the accident that his negligence caused the collision. D admits his negligence but also pleads that P was guilty of contributory negligence as a matter of law because he did not so control his car as to be able to stop within the range of his lights. Prior case law stated that 'it is negligence as a matter of law to drive an automobile along a public highway in the dark at such a speed that it cannot be stopped within the distance that objects can be seen ahead of it.' P got the verdict and D appealed.