65 Ind. App. 581 | Ind. Ct. App. | 1917
Appellee sued appellant to recover damages for personal injuries alleged to have been received by him in a collision between his wagon and one of appellant’s cars at a street crossing.
The same proposition has been stated in this language : “The effect of a request by each party for a direction of a verdict in his favor clothed the court with the functions of the jury, and it is well settled that in such case where the party whose request is denied, does not thereupon request to go to' the jury on the facts, a verdict directed for the other party stands as would the finding of a jury, for the same party, in the absence of any direction, * * *. All the controverted facts and all inferable facts in support of the judgment will be deemed conclusively established in favor of the party for whom the verdict was directed.” Thompson v. Simpson (1891), 128 N. Y. 270, 283, 28 N. E. 627, 630.
This, together with the other evidence introduced at the trial, is sufficient to warrant the conclusion that appellant was negligent; that appellee was free from negligence, and that the proximate cause of appellee’s injury was the negligence of appellant in failing to give any warning signal of its approach, operating the car without a proper light, and with such speed as to cut through appellee’s wagon and then run a distance of approximately 100 feet after the collision before the car was brought to a stop. If the car had been equipped with a better light, or if- it had been running slower, and a warning signal given when approaching the cross
Where a party to a suit consents to the method of procedure adopted by the trial court and makes no objection and reserves no exception at the proper time, he cannot be heard to complain afterwards in this court. Houk v. Citizens’ Nat. Bank (1912), 51 Ind. App. 628, 99 N. E. 437; Merchants’ Nat. Bank v. Nees (1916), 62 Ind. App. 290, 110 N. E. 73, 76, 112 N. E. 904.
We are satisfied, therefore, that the evidence was not such as required the court to hold as a matter of law that appellee was guilty of contributory negligence, or that appellant’s negligence was not the proximate cause of appellee’s injury. On the other hand, we believe that the evidence and the facts to be legitimately inferred therefrom warranted the court in directing a verdict for appellee.
Other kindred questions are discussed by appellant, but as none of them, in any event, would change the result announced, we deem it unnecessary to extend this opinion.
Judgment affirmed.
Note. — Reported in 117 N. E. 673. See under (1) 4 C. J. 903; (2) 36 Cyc 1600, 1605.