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Stork v. Wishart

Court of Appeals of Indiana
Nov 13, 1929
168 N.E. 711 (Ind. Ct. App. 1929)

Opinion

No. 13,529.

Filed November 13, 1929.

AUTOMOBILES — Collision at Street Intersection — Contributory Negligence Question for Jury. — In an action for damages to an automobile resulting from a collision of two automobiles at a street intersection, the question of whether the driver of plaintiff's car was guilty of contributory negligence was a question of fact for the jury.

From Vanderburgh Superior Court; Edgar Durre, Judge.

Action by Shelby W. Wishart against Daniel H. Stork. From a judgment for plaintiff, the defendant appealed. Affirmed. By the court in banc.

Edward E. Meyer, Isadore J. Fine and William L. Mitchell, for appellant.

Robert N. Tracewell, for appellee.


An automobile owned and operated by appellee and an automobile owned by appellant and operated by his servant collided at a street intersection in the city of Evansville. Appellee sued and recovered a judgment for damages to his automobile caused by such collision.

Appellant contends the verdict of the jury is not sustained by sufficient evidence, and that the court erred in giving certain instructions.

At the time of the collision, appellee was driving his car in a northerly direction at a speed of from 12 to 15 miles per hour. Appellant's servant was going in a westerly direction, on an intersecting street, at a speed of from 30 to 40 miles an hour. When appellee reached and entered upon the street intersection, appellant's car was 25 to 30 feet from the intersection. The driver of appellant's car did not slacken his speed prior to the collision, and ran against and into appellee's car after the latter had passed beyond the center of the street intersection.

Appellant makes no claim that the driver of his car was not negligent. He contends that the evidence shows, as a matter of law, that appellee was negligent, and that such negligence contributed to the collision.

When appellee was 50 feet from the intersection, he saw appellant's car about 150 feet from the crossing. Both parties proceeded across the intersection without stopping. Without entering into a discussion of the evidence, it is clear that whether appellee was guilty of contributory negligence was, under the evidence, a question of fact for the jury. The jury found appellee was not contributorily negligent. The verdict is sustained by ample evidence.

There is no merit in any of the objections made to the instructions.

Judgment affirmed.


Summaries of

Stork v. Wishart

Court of Appeals of Indiana
Nov 13, 1929
168 N.E. 711 (Ind. Ct. App. 1929)
Case details for

Stork v. Wishart

Case Details

Full title:STORK v. WISHART

Court:Court of Appeals of Indiana

Date published: Nov 13, 1929

Citations

168 N.E. 711 (Ind. Ct. App. 1929)
168 N.E. 711