[Download] "Goldie R. Tener v. John R. Hill" by Springfield District Missouri Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Goldie R. Tener v. John R. Hill
- Author : Springfield District Missouri Court of Appeals
- Release Date : January 19, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This action to recover for personal injuries and property damage arose out of a collision which occurred at the intersection
of 23rd and Cleveland Streets in Joplin, Missouri, at 11:55 A.M. on April 30, 1962. Upon trial, a jury found the issues for
the plaintiff and assessed her damages at the sum of $1,850.00. The defendant has appealed. Both streets were gravel surfaced at the time of the casualty; neither was considered a superior or favored highway, and
there was no form of traffic control at the intersection. Very generally, Cleveland Street runs north and south and 23rd runs
east and west. The intersection is irregularly shaped, however, first, because 23rd Street intersects Cleveland on the east
at a point north of its intersection on the west, and second, because 23rd Street "fans out," somewhat like the base of a
triangle, at both the east and west entrances to the intersection. The appellant describes the intersection by saying that
23rd Street crosses Cleveland at an angle, jog or "S" curve, so that the course of 23rd Street shifts to the south about 18
feet over a distance of about 75 feet, and because of this shift the northeast-southwest axis of the intersection in longer
than the northwest-southeast axis, being approximately 70 feet for the former and approximately 35 feet for the latter. The
respondent does not describe the intersection except by reference to the exhibits. The irregularity of the intersection may
be described by saying that the projected center line of 23rd Street east of the intersection is 15 feet north of the projected
center line of 23rd Street west of the intersection; and, while 23rd appears to have been laid out as a 22-foot street east
of the intersection and a 17 to 18-foot street west of the intersection, the "fan out" is such that at the east entrance to
the intersection 23rd Street measures approximately 60 feet from north to south, and at the west entrance it measures some
45 feet from north to south. Cleveland is about 22 feet wide from east to west south of the area of intersection, and some
17 feet wide north of it. In candor, the shape of the intersection and the course of the vehicles' travel defy accurate verbal
description, and we therefore attach a diagram 1 in an attempt to make the opinion comprehensible. We must add that at
the time in question there was shrubbery growing along the property line at the southeast corner of the intersection, so that
the view of the northbound traveler on Cleveland was blocked to the east and that of a westbound traveler on 23rd Street was
blocked to the south.