City of Reno v. Spear
City of Reno v. Spear
Opinion of the Court
By the Court,
This appeal is from a judgment on a verdict in favor of respondent Spear for $5,650.40 against appellants, growing out of a collision of automobiles driven by the respective parties at the intersection of Willow and High Streets in the City of Reno. In addition to the general verdict, the jury answered special interrogatories as follows: (1) Was the defendant Angelo Pappas negligent in the manner charged in plaintiff’s complaint? A. Yes. (2) Did such negligence, if any you find, proximately cause the accident? A. Yes. (8) Was the plaintiff, J ames V. Spear, negligent or careless in any degree, however slight? A. No. (5) Did the plaintiff, James Y. Spear, by his own negligence get himself into a position of danger ? A. No.
Appellants assign the following as errors entitling them to a reversal, with direction of judgment for the defendants or, in the alternative, for a new trial.
(1) That the evidence of negligence on the part of plaintiff is so strong as to be unavoidable and conclusive ;
(3) prejudicial misconduct of plaintiff’s counsel, depriving the defendants of a fair trial.
(1) No purpose would be served, either for the determination of the present case or as precedent for future cases, by reviewing the evidence. Testimony was adduced to the effect that the plaintiff was in the intersection first and approaching from defendants’ right. Evidence as to the speed at which the respective cars were traveling was conflicting. The court’s instructions apprised the jury of the city ordinances involved: The duty of a driver of a vehicle approaching an intersection to yield the right of way to one that has already entered the intersection; when two vehicles enter the intersection from different streets at the same time, the duty of the driver on the left to yield the right of way to the vehicle on the right; the 15 miles per hour speed restriction on going through a street intersection; that it is unlawful to drive in a reckless manner or in other than a careful or prudent manner, with further like provisions. The questions involved in the special interrogatories above quoted were clearly questions for the jury. The jury’s answer to those questions, as well as the general verdict, find substantial support in the evidence. The learned trial judge, who, like the jury, observed the witnesses and was able to judge of their credibility, denied a motion for new trial. We must conclude that the first assignment of error is not well taken.
(2) Irrespective of whether or not the record may be said to preclude the application of the doctrine of last clear chance, we are unable to conclude that the giving of last clear chance instructions was prejudicial. We have noted the jury’s special findings of the defendants’ negligence proximately causing the accident, the absence of any negligence on the part of the plaintiff and the further finding that the plaintiff did not by his own negligence get himself into a position of danger. The jury was instructed that if it thus answered the last
(3) We find no merit to the contention that the asserted prejudicial misconduct of plaintiff’s counsel deprived the defendants of a fair trial. Again, reference to the record would serve no beneficial purpose. There was much rough-and-ready give and take between counsel. Counsel for defendants returned blow for blow, and, for the most part, invited the returns of counsel for plaintiff.
Affirmed with costs.
Not tliat we agree with respondent’s analysis of appellants’ position as contending that “the conduct of plaintiff’s counsel unhorsed the wheels of justice.” The metaphor is too mixed for us to follow.
Reference
- Full Case Name
- CITY OF RENO, NEVADA, a Municipal Corporation, and ANGELO PAPPAS v. JAMES V. SPEAR
- Status
- Published