Taylor v. Adkins
Taylor v. Adkins
Opinion of the Court
This is a negligence action arising out of an automobile collision. The six plaintiffs, in a sedan car owned' and operated by plaintiff Clayburn J. Patterson, were proceeding eastwardly along Chestnut street in the city of Camden. As their car was passing the Fourth street intersection defendant’s truck, coming from the north along Fourth street and crossing Chestnut street at right angles, struck the sedan car at the rear of the latter’s left side, immediately over and back of the left rear wheel, swinging that car end foremost around into Fourth street, causing the sedan to overturn at the same time driving it against a truck which stood near
Defendant, having sued out a rule directing the plaintiffs, and each of them, to show cause why the verdicts should not be set aside and a new trial granted, assigned twenty-nine reasons and enumerates nine points.
The first point is that the verdicts are against the clear weight of the evidence. We think not. The oral testimony supplemented by the mute evidence of the photographs showing the damaged automobile and the site of the collision is ample to sustain a finding of negligence against the defendant. Likewise we find adversely to the defendant on his second point, which is on the subject of contributory negligence.
The defendant next argues that the amount of the damages is excessive. Considering the verdicts separately, as of course we must, we do not find that any one of them is so exorbitantly high as to make manifest that the verdict was not the result of fair, impartial and dispassionate consideration of all the unimpeached evidence in the cause.
Defendant next complains that the court refused to charge . that the proof by plaintiff Clayburn J. Patterson of a payment of $246.76 for repairs to the automobile was not to be considered by the jury and that the question of damage to
The alleged error set forth in point five is not dignified by argument and we find no error.
We find no substance in point six, seven or eight.
We discover no harm to the defendant in the matter complained of under the ninth point.
The rule will be dismissed, with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.