Opinion
No. 23604
Opinion Filed March 21, 1933.
(Syllabus.)
1. Trial — Sufficiency of Instructions Considered as a Whole.
"Instructions must be considered as a whole and construed together, and, while a single instruction standing alone may be subject to criticism, yet, when the instructions, when taken together in their entirety, fairly submit the issues to the jury, the judgment of the trial court on the verdict of the jury will not be disturbed. It is not necessary that any particular paragraph of the instructions contain all the law of the case; it is sufficient if, when taken together and "considered as a whole, they fairly present the law applicable to the issues in the pleadings upon which competent evidence has been introduced." Bucktrot v. Partridge, 130 Okla. 122, 265 P. 768.
2. Automobiles — Judgment Against Owner of Car for Cost of Medical and Other Care Furnished One Injured in Collision Sustained.
Record examined, and held: The judgment of the district court is affirmed.
Appeal from District Court, Oklahoma County; Sam Hooker, Judge.
Action by Claude Roberts and another against Hall Briscoe, Inc. Judgment for plaintiffs, and defendant appeals. Affirmed.
J.S. Ross, S.J. Clay, and Jas. H. Ross for plaintiff in error.
L.V. Reid, H.V. Lewis, Rayford S. Reid and C.D. Bennett, for defendants in error.
This case is a companion case of cause No. 23603, this day decided by this court. 163 Okla. 11, 20 P.2d 186. In the case at bar, plaintiffs instituted suit seeking to recover from defendant for medical expenses, hospital expenses, and other expenses incurred by them in caring for Harley Strode as a result of the accidental injury which is the basis of cause No. 23603. This case was consolidated with and tried with cause No. 23603. The law applicable to case No. 23603 is applicable to the case at bar, and is conclusive of the questions of law raised herein. Relying upon the authority of said case this day decided, the judgment of the trial court is hereby affirmed.
Defendants, in error pray that judgment he rendered upon a supersedeas bond filed herein, and in compliance with said request, judgment is hereby rendered in favor of defendants in error against plaintiff in error as principal, and its surety, Western Casualty Surety Company, as surety, for the amount of the principal judgment of $795, with interest and costs in accordance with the tenor of the judgment rendered in said cause.
RILEY, C. J., and SWINDALL, ANDREWS, McNEILL, OSBORN, BAYLESS, BUSBY, and WELCH, JJ., concur.
Note. — See under (1) 14 R. C. L. 817 et seq., R. C. L. Perm. Supp. p. 3683; R. C. L. Pocket Part, title "Instructions," § 76.