Facts
- A collision occurred at the intersection of Maryland Route 49 (unfavored road controlled by a stop sign) and Vocke Road (favored four-lane through highway with a 40-mph limit), in an unilluminated area at about 1:00 a.m.
- Garfield Beckward drove north on Route 49 with passengers, stopped at the stop sign, looked both ways twice, saw no vehicles, and entered the intersection.
- Russell William Hensel drove on Vocke Road (the favored highway) and struck Beckward’s vehicle on the driver’s side within the intersection.
- There was evidence Hensel was operating without headlights.
- Beckward was ejected and suffered catastrophic injuries resulting in paralysis.
Issues
- Whether the boulevard rule applied where the favored driver was allegedly operating without headlights in an unilluminated intersection.
- Whether the unfavored driver’s stopping and looking could prevent a directed verdict by creating a jury question on contributory negligence.
- Whether any exception (including last clear chance) allowed the unfavored driver to recover despite interference with the favored driver’s right-of-way.
Decision
- The Court of Appeals of Maryland reversed the intermediate appellate court and reinstated the directed verdict for Hensel.
- The boulevard rule applied because the collision occurred within the intersection of a favored through highway and an unfavored stop-controlled approach.
- Beckward, as the unfavored driver, was contributorily negligent as a matter of law for failing to yield the right-of-way.
- The favored driver’s alleged negligence (driving without headlights) did not negate favored status or create an exception on this record.
- Last clear chance did not apply because the evidence did not show the favored driver became aware, or should have become aware, of Beckward’s peril in time to avoid the collision with reasonable care.
Legal Principles
- Under Maryland’s boulevard rule, an unfavored driver entering a through highway must stop and yield, remaining stopped until entry and crossing can be completed safely without interfering with favored traffic.
- When an unfavored driver enters and a collision occurs in the intersection (or so near as to impede the favored driver’s right-of-way), the unfavored driver’s failure to yield constitutes contributory negligence as a matter of law.
- Ordinary negligence by the favored driver does not generally strip favored status or relax the unfavored driver’s statutory duty to yield; the recognized escape from the boulevard rule is last clear chance, which requires proof that the favored driver had a fresh opportunity to avoid the harm after the unfavored driver’s negligence.
Conclusion
The court enforced Maryland’s boulevard rule strictly, holding that the unfavored driver’s decision to proceed from a stop sign into a favored highway—resulting in an intersection collision—constituted contributory negligence as a matter of law, notwithstanding evidence that the favored driver lacked headlights and absent proof of last clear chance.