Brown v. Moyle, 17523
| Decision Date | 12 December 1955 |
| Docket Number | No. 17523,17523 |
| Citation | 133 Colo. 29,290 P.2d 1105 |
| Parties | Richard L. BROWN, Plaintiff in Error, v. William MOYLE, Sr., and Rose M. Moyle, Defendants in Error. |
| Court | Colorado Supreme Court |
Lowell White, Walter A. Steele, Denver, for plaintiff in error.
Aldo G. Notarianni, James B. Radetsky, Denver, for defendants in error.
Defendants in error, as plaintiffs, on April 14, 1953 filed a complaint against Brown, now plaintiff in error, for damages, alleging therein that defendant Brown was operating an automobile at about 10:15 o'clock p. m. on North Federal Boulevard in Adams county, and was traveling in a northerly direction at about the 5800 block on said highway, and was driving the automobile '* * * recklessly, carelessly, negligently and wantonly, and without due regard for the rights and safety of the public in general and of William Moyle, Jr. in particular, and drove said Chevrolet automobile with great force and violence into and against the aforesaid bicycle and body of William Moyle, Jr.,' causing serious personal injuries and as a direct and proximate result thereof Moyle died on January 3, 1953.
Defendant answered denying each and every allegation of the complaint and the case was submitted to a jury on the question of damages alone, which jury on March 5, 1954, returned its verdict in favor of plaintiff in the sum of $8,500, with added interest, on which judgment in the sum of $9,128.60 was duly entered. Motion for judgment notwithstanding the verdict and for new trial was overruled and defendant prosecutes a writ of error on the ground that his motion for directed verdict and for judgment notwithstanding the verdict and the motion for new trial should have been granted; that it was error for the trial court to direct a verdict on the question of liability; and the erroneous admission of certain evidence. The facts in brief are: That on the night of January 3, 1953, at 10:15 o'clock William Moyle, Jr., with his brother, being children of plaintiffs, were riding a bicycle on North Federal Boulevard in Adams county; they were struck by an automobile; and William Moyle, Jr., was so injured that he died that night. It is alleged that the automobile, a Chevrolet, was driven by Brown. Brown denies that he was in that vicinity that evening, but at approximately that hour he was across town on Colorado Boulevard at the My-O-My Club, as stated by him to investigation officers. The Chevrolet which Brown was driving was rented from the Hertz System and was returned by Brown about 1:30 o'clock the next afternoon. There was damage to the front right fender, the windshield was cracked, and the back window was damaged. Brown told the officers he was driving on Colorado Boulevard when an automobile immediately in front of him stopped...
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