Opinion
No. 36801
Decided November 22, 1961.
Negligence — Motor vehicle collision — Left-hand turn at highway intersection — Evidence sufficient to support judgment for plaintiff.
APPEAL from the Court of Appeals for Columbiana County.
This action was brought to recover damages for personal injuries sustained by plaintiff when an automobile which he was driving collided with a coal truck belonging to defendant and being operated by its employee. The accident occurred near Lisbon in Columbiana County, where a township road joins from the west at an angle U.S. Route 30.
Prior to the accident, plaintiff's automobile was following defendant's coal truck, proceeding in a northerly direction in the east or right lane on route 30, a two-lane highway. As the vehicles approached the junction of the township road, plaintiff attempted to pass the truck and in order to do so drove across the center line to the left side of the highway. At about the same time, the coal truck started a gradual turn toward the left, the driver intending to make a left turn into the township road, causing plaintiff to drive onto the left berm. The truck driver continued to execute the turn, and, when about 25 feet into the township road, plaintiff's car collided with the left front fender of the truck.
There was a direct conflict in the evidence as to whether plaintiff attempted to pass the truck within 100 feet of the joining road, whether he sounded his horn before attempting to pass the truck and whether the directional signals on defendant's truck were obscured by mud, which conflict presented questions which the jury was required to determine.
The case was tried to a jury, which returned a verdict for the plaintiff on which judgment was rendered.
The Court of Appeals, on appeal, affirmed the judgment.
The allowance of a motion to certify the record brings the cause to this court for review.
Mr. George A. Aronson, Mr. Samuel H. Copperman and Mr. John C. Nichols, for appellee.
Messrs. Brookes, Lynch McDonald, for appellant.
Defendant claims error in that the verdict is against the weight of the evidence and contrary to law, in the admission and rejection of evidence, in the charge to the jury, and in the misconduct of counsel.
A careful examination of the record discloses no error prejudicial to defendant. The questions of fact were properly submitted to the jury which saw and heard the witnesses and was the judge of their credibility. There was sufficient evidence to support the verdict, and this court will not disturb the judgment rendered thereon. The judgment of the Court of Appeals is affirmed.
Judgment affirmed.
ZIMMERMAN, acting C.J., RADCLIFF, MATTHIAS, BELL, HERBERT and O'NEILL, JJ., concur.
ZIMMERMAN, J., sitting in the place and stead of WEYGANDT, C.J.
RADCLIFF, J., of the Fourth Appellate District, sitting by designation in the place and stead of ZIMMERMAN, J.