192 Ind. 188 | Ind. | 1922
Appellees’ automobile was being driven south on the main business street in the village of Fairland. It was struck by appellant’s interurban car which came from the northwest. Appellant is charged with negligent speed over the street crossing and failure to sound whistle for the crossing. Verdict and judgment for $800 damages to appellees’ automobile.
Questions presented: (1) Verdict not sustained by sufficient evidence. (2) Error in giving and refusing instructions. (3) Excessive damages.
A number of witnesses testified to facts and circumstances which tend strongly to show that the driver of this automobile was guilty of contributory negligence. As he approached this crossing from the north, his view of the interurban track was cut off by buildings and objects on the west side of the street, and on the northwest corner of the crossing. He said that he looked and listened for cars after he passed these obstructions, but that he neither saw nor heard the car until the instant it collided with the automobile.
Thus it will be seen that there are many things which a trial court takes into consideration which makes his duty, in passing on the sufficiency of the evidence, entirely different from our duty on that subject as a court of review. If we each perform our duty, substantial justice will result as nearly as human agencies are capable of accomplishing it under the present method of trying and reviewing cases.
The respective duties of trial courts and courts of review. have been many times discussed in the decisions. Indiana Steel, etc., Co. v. Studes (1918), 187 Ind. 469, 476, 477, 119 N. E. 2; Christy v. Holmes (1877), 57 Ind. 314; Fort Wayne, etc., R. Co. v. Husselman (1878), 65 Ind. 73; Deal v. State (1895), 140 Ind. 354, 39 N. E. 930; Mt. Adams, etc., R. Co. v. Lowery (1896), 74 Fed. 463, 477, 20 C. C. A. 596, 609.
So far as we are concerned, the verdict in the present case is sustained by sufficient evidence.
We have read and examined all the instructions given by the court to the jury and think that they fairly state the law applicable to the facts in this case.
It is next claimed that the damages áre excessive. The automobile injured was new and there is no dispute about its value being $1,050 before it was injured. The conflict in the evidence comes as to the value of the automobile after the injury. One witness says that it was worth $350, and another witness puts it as low as $150. The jury’s verdict is for $800. Counsel for the appellant say that the only credible evidence shows, that it cost $350 to repair the car, and that it was worth $650 after it was repaired. Here counsel are again calling upon us to settle a dispute among witnesses which the jury and the trial court have settled conclusively, so far as we are concerned.
Judgment of the trial court affirmed.
Myers, J., not participating,