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eBook details

• Title: Annie Duboise v. Railway Express Agency
• Author : Supreme Court of Missouri Division 2
• Release Date : January 12, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

On December 6, 1961, Golden Duboise, age 45, driving a 1956 Buick sedan, left Mesa, Arizona, en route to his wife's family
in Granite City, Illinois. Two days later, on December 8, 1961, between 4:00 and 5:00 o'clock in the afternoon his Buick automobile
was involved in a collision with one and the plaintiffs claim two trucks on U.S. 66 east of Waynesville, 0.2 miles east of
Highway 66 and Route V in Pulaski County. Golden left Mesa at 9:30 or 10:00 o'clock on December 6 and sleeping sitting up
in the automobile at intervals had driven night and day more than 1600 miles. In the Buick with Golden in the front seat were
his wife's uncle, Dewey Presson, his son Bobby, age 20 when the case was tried beginning on February 15, 1965, and in the
back seat Charles Duboise, age 16 in 1965, and Golden's wife Annie, age 38. It began snowing in Oklahoma and by the time the
party arrived at Waynesville "it was more snow and sleeting all mixed together" and as to the condition of the pavement Golden
said, "I would call it snow and slush." U.S. Highway 66 at the point of collision is a four-lane pavement divided by a dirt
and grass median strip. Golden traveling east at a speed of 30 miles an hour says that he had followed a green truck "with
two things in the corners of the doors" (red diamonds) for some distance and as it started up a long hill he "intended to
go around it" and increased the speed of his Buick to about 35 miles an hour and then he said, speaking of the green truck
(presumably a Railway Express Agency truck), "It was snowy and slushy, I would call it, and when I got beside it, it came
over on one side and hit my car and went wacking, and it hit again, two times, that quick." He said that his car was "hit
on the side near the back" and then "went out of control and went to the left and crossed this here grass (the median strip)
over into the other lane and turned around and come back to this grass and mud, and that big truck hit it." This was his way
of saying that as his Buick went out of control, crossed the median strip and skidded around in the wrong traffic lane a Voss
truck traveling west struck the left side of the Buick knocking it back and across the median strip. Lex Channing Smith, the driver of a Railway Express Agency truck, from his rearview mirror, saw the Buick "fishtailing" on
the slick pavement and "it looked like a semi-truck or something was crosswise of the road behind me." But Lex heard no metallic
sound, as of a truck and automobile touching, felt no jolt or movement of his truck. In short the plain implication of his
testimony was that there was no contact or touching, let alone a collision, of his truck with Golden's Buick. The Voss equipment,
a tractor-trailer driven by Sanford O. Pettigrew, age 52 with 28 years' experience operating heavy equipment, traveling west
at 25 miles an hour, he says, on "very slick" pavement, downgrade, saw Golden's Buick "come across the center median" before
he could apply his brakes: "I couldn't avoid it at all," and the left front fender of his tractor struck the skidding Buick
in the left side. Everyone in the Buick sustained some injury, some severe and some slight.

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