Opinion
No. 24599.
May 28, 1935.
(Syllabus.)
1. Appeal and Error — Review — Sufficiency of Evidence to Support Verdict.
In a civil action, triable to a jury, where there is competent evidence reasonably tending to support the verdict of the jury, and no prejudicial errors of law are shown in the instructions of the court or its rulings on law presented during the trial, the verdict and finding of the jury will not be disturbed on appeal. (Antrim Lumber Co. v. Neal et al., 172 Okla. 292, 44 P.2d 939.
2. Same — Railroads — Action Against Railroad for Wrongful Death of Passenger in Automobile Occurring in Collision at Highway Crossing — Verdict for Plaintiff Sustained.
Record examined, and evidence found sufficient to support the verdict of the jury.
Appeal from District Court, Bryan County; Porter Newman, Judge.
Action by Herman Pufahl, administrator of estate of J.E. Ganstine, against the St. Louis-San Francisco Railway Company. Judgment for plaintiff, and defendant appeals. Affirmed.
E.T. Miller and Cruce Franklin, for plaintiff in error.
Bailey Hammerly and C.C. Hatchett, for defendant in error.
This is a companion case and identical in all respects with case No. 24598, 172 Okla. 449, 45 P.2d 729, except that the plaintiff in this case seeks damages on behalf of the estate of J.E. Ganstine, deceased, for pain and suffering of said deceased prior to his death, funeral and medical expenses and for hospital bills. This suit was brought for the sum of $2,900, as a result of which plaintiff obtained judgment for $613.85, of which amount plaintiff remitted the sum of $80.91.
By agreement of the parties and order of trial court, the two causes were tried together on the same record. However, two verdicts were returned by the jury and separate judgments entered by the court. Separate appeals have been prosecuted to this court. Counsel have agreed that the brief and argument be presented to the court in case No. 24598, and the briefs filed in that case be considered in this case No. 24599.
The opinion written in said case No. 24598 ( 172 Okla. 449, 45 P.2d 729), is applicable here, and is adopted as the opinion in this case.
Judgment affirmed.
The Supreme Court acknowledges the aid of Attorneys W.D. Abbott, Hulette F. Aby, and Wm. O. Beall in the preparation of this opinion. These attorneys constituted an advisory committee selected by the State Bar, appointed by the Judicial Council, and approved by the Supreme Court. After the analysis of law and facts was prepared by Mr. Abbott and approved by Mr. Aby and Mr. Beall, the cause was assigned to a Justice of this court for examination and report to the court. Thereafter, upon consideration, this opinion was adopted.
McNEILL, C. J., and BAYLESS, WELCH, CORN, and GIBSON, JJ., concur.