Marshall v. Nugent

22 F.2d 604 (1955)

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Nature of the Case

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Facts

Harriman was driving, and Marshall (P) was riding as a passenger in the front seat. The road was covered with hard-packed snow and ice and was quite slippery. In the opposite direction was a heavy oil truck owned by Socony-Vacuum Oil Co., Inc., (D) and driven by Warren K. Prince. The truck came around a corner in both lanes. Harriman let up on his accelerator and blew his horn, and turned to the right into the snowbank. The car went into a skid for about 50 ft. and came to a stop completely off the highway on the westerly side and at right angles with the road. Prince stopped his oil truck. Harriman and P got out of the car. No one was hurt. Prince offered to yank the Chevrolet back into the highway if Harriman had a chain. Prince was stopped in a bad location. Drivers in cars proceeding in a northerly direction could not see the truck standing in the 'blind spot' below until they arrived almost at the crest of the hill. There would be danger from northbound traffic during the blocking of the highway by the anticipated operation of towing the Chevrolet back into the highway. Prince realized the danger and commented on it to both Harriman and P that his truck was stopped in a rather dangerous position and that someone ought to go up the grade to warn any approaching northbound traffic. P undertook to go up the hill to warn any cars that might be approaching the crest in a northerly direction. A car driven by Nugent (D1) approached with the oil truck blocking its lane. P waved his arms in warning. D1 turned his car toward the left. It soon went into a skid, crossing to the left-hand side of the banked curve, crashing into a plank guard fence on the westerly side of the highway, and immediately thereafter striking and severely injuring P. It happened so quickly that P was unable to get out of the way. D1's car continued out of control and struck and dented the rear fender of Harriman's stalled Chevrolet, and then stopped. P sued both D and D1, charging them as joint tortfeasors, each legally responsible for P's personal injuries. The jury reported a verdict in favor of P as against Socony in the sum of $25,000, and a verdict in favor of D1. Socony (D) appealed.