Stephens v. Capital Transport Co.
Stephens v. Capital Transport Co.
Opinion of the Court
The issue in this case was sharply disputed, and the evidence was sufficient to sustain the verdict for the defendant. The evidence as to the physical and mental condition of E. W. Stephens and M. D. Strickland, the driver of the pick-up, while they were in the hospital, was conflicting. Consequently, Strickland’s statement, in the presence of Stephens, that he was driving at .a speed of fifty miles an hour, was for the jury, and was properly admitted. Such statement, together with the physical facts as to the distance, which the pick-up skidded, and the other evidence, fully justified the phase of the defense instructions in regard to excessive speed. The verdict was not against the weight of the evidence. Besides, there was no motion for a new trial.
Affirmed.
Reference
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- Syllabus
- 1. Automobiles — collision — evidence — sustained verdict for defendant. In action for damages arising out of motor vehicle collision, evidence was sufficient to sustain verdict for defendant. 2. Automobiles — statement of plaintiff's driver — properly admitted. In such action, wherein evidence as to physical and mental condition of plaintiff and driver of his pick-up, while they were in hospital, was conflicting, driver's statement in presence of plaintiff that he was driving 50 miles an hour, was properly admitted for consideration of jury. 3. Automobiles — instructions — excessive speed of plaintiff's truck. In such case, defense instructions in regard to excessive speed of plaintiff's truck were warranted by the evidence. Headnotes as approved by Lee, J.