157 Iowa 188 | Iowa | 1912
— The material allegation of negligence on the part of defendant which was submitted to the jury was that defendant operated his automobile at an unreasonable and dangerous rate of speed on a street of the city of Iowa Falls, approaching plaintiff who was driving a horse and buggy from the opposite direction on such street, causing the horse of the plaintiff to become- frightened, upsetting the buggy, and throwing the plaintiff out, with the result that her arm was broken.
In this connection we may notice an assignment of error relating to the admission of the evidence of a witness who was allowed to testify as to the speed at which the defendant’s automobile was being operated at the time of the accident; the claim made being that the witness did not show himself competent to give an opinion as to the rate of speed. The point is not pressed in argument, and an examination of the testimony of the witness shows that it is not well taken. The witness clearly showed such competency as to justify the court in receiving the evidence.
It is conceded that this instruction was erroneous, for the reason that it directed interest to be computed from the
The jury, in fact, returned a verdict for $1,236.60, and judgment was immediately entered for the plaintiff in that sum. On a 'motion for a new trial, this error was called to the attention of the court; and the judge, in ruling upon such motion which covered also other grounds for new trial, filed a finding in which the error of the instructions as to the allowance of interest was attempted to be corrected by the reduction of the verdict so as to eliminate the item of interest which it was presumed the jury had included in its verdict covering the period from the date of the injury to the date on which the verdict was rendered. It is proper to say in explanation of the action of the judge that the decision of this court in the case above cited was announced between the time of the giving of the instruction and the time of ruling on the motion. In connection with the filing of this written finding by the judge ruling on the motion for a new trial, a judgment entry was made reciting that:
By agreement of parties entered of record in term time, the motion for new trial in this cause was to be submitted in vacation and ruling and entry made as of the date of said agreement. The motion for new trial having been submitted, and the court having considered the same and having filed its finding, it is now ordered that the said motion be overruled and that the plaintiff have and recover judgment for the sum of $1,200 with interest at the rate of six percent from the date the verdict was returned into court, viz., the 26th day of January, 1911. To the overruling of defendant’s motion and to all entries herein the defendant excepts.
The contention for appellant is that the judgment for $1,236.60 entered on the verdict at the time it was returned was erroneous on account of the error in the instruction relating to interest, and that the court had no authority
Thus it appears that the only grievance of the appellant is in this respect that a judgment had already been entered on the verdict which remained a valid and binding adjudication notwithstanding the attempt to enter a subsequent correct judgment. Construing together the original judgment, the written finding ‘ of the judge in ruling ‘ on the motion for a new trial, and the final judgment entry, it is plain that the effect of the action of' the court was to
We reach the conclusion that the final'judgment is for a correct amount, and such judgment is therefore,— Affirmed.