Collins v. Robinson

• Court: Virginia Supreme Court
• Writing for the Court: GREGORY, Justice
• Citation: Collins v. Robinson, 160 Va. 520, 169 S.E. 609 (1933)
• Decision Date: 15 June 1933
• Parties: COLLINS. v. ROBINSON.

169 S.E. 609

COLLINS.

v.ROBINSON.

Supreme Court of Appeals of Virginia.

June 15, 1933.

Error to Circuit Court, Chesterfield County.

Action by notice of motion by George F. Collins against Guy E. Robinson. To review a judgment for defendant after verdict for plaintiff, plaintiff brings error.

Reversed and rendered.

Argued before CAMPBELL, C. J., and EPES, HUDGINS, GREGORY, and BROWNING, JJ.

Robert L. Hicks and Walter M. Evans, both of Richmond, for plaintiff in error.

Sinnott, May & Leaman, of Richmond, for defendant in error.

GREGORY, Justice.

Plaintiff in error, who was the plaintiff in the trial court, brought an. action, by notice of motion, against Guy E. Robinson, to recover damages for injuries received on October 7, 1931, when Robinson's automobile, in which the plaintiff was riding, collided with an automobile which was being driven in an opposite direction by Willie Turner. The case was tried by a jury and a verdict in favor of Collins for $1,000 was found, but upon motion, the trial court set the verdict aside and entered final judgment for the defendant.

The plaintiff was riding in the rear seat of the automobile of the defendant, as an invited guest, at the time of the collision. It occurred at night on a sharp curve, on one side of which was a bank which prevented a view around or over the curve. The highway was a two-way one, the travel portion of which was approximately twenty-two feet in width. The Turner car was being driven on the proper side of the highway, for a car going in that direction, on the inside of the curve and close to the bank. The proper side of the highway upon which the defendant's car should have been driven was upon his right side, on the outside of the curve, but the evidence is overwhelming that he was driving around the curve on the inside thereof and on the wrong side of the road for a car to be driven going in that direction, in violation of Code, § 2145(10), section 9. The drivers of both automobiles saw the reflection or light of each other's automobile a safe distance away. The defendant was not familiar with the highway. A head-on collision occurred when they were about halfway around the curve, Turner's car being forced into the bank on his side of the road and the defendant's car, after the collision, was found to be on Turner's side of the road. The defendant admitted that he saw the light from the headlights of Turner's car and therefore he knew of its approach a safe distance away.

The plaintiff, who, as stated, was a guest. In the defendant's car, suffered head injuries, and if he is entitled to recover, no question is raised as to the amount of the verdict.

The trial court was of the opinion that this case was controlled by the cases of Boggs v. Plybon, 157 Va. 30, 160 S. E. 77, and Jones v. Massie, 158 Va. 121, 163 S. E. 63, where it was held by this court that a host was not liable to a guest in such cases except where the host was guilty of...