Berryman v. Worthington
| Decision Date | 27 October 1931 |
| Citation | 240 Ky. 756,43 S.W.2d 5 |
| Parties | BERRYMAN v. WORTHINGTON. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Mason County.
Suit by C. A. Berryman against Jacob Worthington, in which defendant filed a counterclaim. From the judgment, plaintiff appeals.
Affirmed.
J. M Collins, of Maysville, for appellant.
B. S Grannis, of Flemingsburg, and D. L. Wood, of Maysville, for appellee.
A car belonging to C. A. Berryman collided with a car belonging to Jacob Worthington on the Germantown road in Mason county. Berryman sued Worthington for damages to his car, and Worthington counterclaimed for damages to his car. The jury refused to award damages to either, and Berryman appeals.
It is first insisted that the verdict is flagrantly against the evidence. The accident happened on the Germantown road at a point about six miles from the city of Maysville. The road is from 14 to 16 feet wide. At the time of the accident appellant's car was driven by his son, Roy Berryman, and with him were his mother, two sisters, and a little brother. Worthington was driving his own car, and with him were a small negro boy and a buck sheep. According to appellant's witnesses, the accident happened at a place where there is a clear and unobstructed view in each direction for several hundred feet. Just prior to the accident, appellee's car was following a car belonging to the Misses Finn. When the Finn car was entering the straightway from the north, the Berryman car was entering the straightway from the south, and traveling on the right-hand side of the center line of the concrete. When about midway of the straightway, and just as the Berryman car was passing the Finn car, Worthington suddenly dashed from behind the Finn car in an apparent effort to pass that car, drove over on the other side of the road, and crashed into the Berryman car. After the accident, the two right wheels of the Berryman car were entirely off the concrete on the right-hand side of the road, and Worthington's car had its front end near the edge of the concrete on Berryman's side of the road, and extended diagonally across the road. On the other hand according to appellee and his witnesses, the accident happened in the neck of the bend, and not in the straightway. Appellee had been driving behind the Misses Finn for some distance, and did not make an attempt to pass them. While going at a speed of about 25 miles an hour, the Berryman car which was...
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