186 S.W.2d 147 | Ark. | 1945
Appellee, L. L. Carter, brought this action against appellant, F. C. Rexer, for personal injuries and property damage arising out of a collision of their automobiles at the intersection of Eighth and Chester streets in the city of Little Rock on January 14, 1944. A jury trial resulted in a verdict and judgment in favor of appellee for $1,000. At the conclusion of the testimony on behalf of appellee, and at the conclusion of all the evidence in the case, appellant requested the court to direct a verdict in his favor. The action of the trial court in overruling both requests is the only assignment of error urged on this appeal.
The contention of appellant is that the trial court should have declared as a matter of law that appellee was guilty of contributory negligence. This contention must be overruled if there was any substantial evidence, viewed in the light most favorable to appellee, to support the verdict. Arkansas Power Light Co. v. Connelly,
The above rule was more fully stated by Mr. Justice HART in the case of Aluminum Co. of North America v. Ramsey,
Appellee testified that he was driving east on Eighth street at a speed of 15 to 25 miles per hour and keeping a lookout for all traffic as he approached the intersection of Eighth and Chester streets. He observed a car going in the opposite direction on Eighth street which entered the east side of the intersection at the same time he entered the west side. He looked over to each curb and proceeded to pass the car going west when the automobile of appellant "darted out" in front of him and the collision occurred before he had time to apply his brakes. By a city ordinance, Eighth street is a boulevard at this *345 point and there is a stop sign at the north intersection line of Eighth street where it crosses Chester street.
Several witnesses testified that appellant, who was traveling south on Chester street, failed to stop before entering the intersection, and ran through the stop sign at a speed of 45 or 50 miles per hour. After the impact, appellant's car ran over a curb into a filling station at the southeast corner of the intersection and struck a concrete post about 90 feet from the point of collision. Appellant was fined in municipal court for failing to observe the stop sign, but has appealed this conviction.
Appellant insists that appellee's testimony establishes the fact that he approached the intersection knowing that he could not observe traffic which might be approaching from the north because of the westbound car to his left, and this constituted negligence which bars a recovery on his is part. We do not agree that such conclusion is the only one which fair-minded men could reach under the evidence. On the contrary, we think the court properly submitted the issues of negligence and contributory negligence to the jury. The jury could have found from the testimony that appellee was not bound to anticipate the recklessness of appellant in driving at an excessive speed through a stop sign which protected the boulevard upon which appellee was traveling. See Berry, Automobiles, 7th Edition, Vol. 3, 3.29, and cases cited. The court in Kilroy v. Justrite Mfg. Co.,
In support of his contention appellant cites the case of Smith Arkansas Traveler Co. v. Simmons, et al.,
The trial court properly submitted the question of contributory negligence to the jury and their verdict on this issue is binding upon this court on appeal.
The judgment is affirmed.