Grinstead v. Mayhew

• Decision Date: 11 September 1936
• Citation: 167 Va. 19
• Court: Virginia Supreme Court
• Parties: C. P. GRINSTEAD v. H. E. MAYHEW, ADM'R OF J. P. TAYLOR, DECEASED.

Page 19

167 Va. 19

C. P. GRINSTEAD v. H. E. MAYHEW, ADM'R OF J. P. TAYLOR, DECEASED.

Supreme Court of Virginia, Staunton.

September 11, 1936.

Present, Campbell, C.J., and Hudgins, Gregory and Eggleston, JJ.

1. AUTOMOBILES — Liability of Host to Guest — Liable Only for Gross Negligence. — In order for an occupant of an automobile, riding as a guest, to recover of his host for injuries inflicted, he must show by proper proof that the host was guilty of gross negligence.

2. EVIDENCE — Sufficiency — Proof Must Rest upon Facts and Proper Inferences. — While the rule of evidence in a civil case differs materially from that in a criminal case, nevertheless the rule in both cases requires proof that rests upon facts and proper inferences before there can be a conviction or a recovery of damages. Suspicion and presumption are not sufficient.

3. AUTOMOBILES — Evidence — Sufficiency — Excessive Speed at Distance from Place of Accident. — The fact that an automobile was traveling at an excessive rate of speed at a distance of a mile and a quarter from the place of accident, while admissible on the ground of probative value, is not of itself sufficient to warrant the inference that such excessive speed obtained at the time of the accident.

4. AUTOMOBILES — Liability of Host to Guest — Gross Negligence — Sufficiency of Evidence — Case at Bar. — In the instant case, an action by a guest to recover for injuries sustained in an automobile accident, plaintiff contended that defendant's intestate, driver of the car, was guilty of gross negligence in that he drove at a too rapid rate of speed around a curve, lost control of the automobile and ran into a bridge. Defendant's intestate, plaintiff and two girls were all riding in the front seat of a coupe, and at the time of the accident plaintiff and the two girls were asleep and unable to testify as to what happened, but they did testify that prior to the accident the driver operated the car in a proper manner and at a proper rate of speed. Two men testified that about a mile and a quarter from the scene of the accident they met a car traveling at a high rate of speed and driven on the left side of the road.

Held: That the burden was upon plaintiff to show that defendant's intestate was guilty of gross negligence which was the proximate cause of the accident, and this burden plaintiff failed to carry.

Error to a judgment of the Law and Chancery Court of the city of Roanoke. Hon. Beverley Berkeley, judge presiding. Judgment for defendant. Plaintiff assigns error.

The opinion states the case.

Martin & Abbott, for the plaintiff in error.

Sinnott & May, Woods, Chitwood, Coxe & Rogers, Leonard G. Muse and V. P. Randolph, Jr., for the defendant in error.

CAMPBELL, C.J., delivered the opinion of the court.

The plaintiff in error brought this action by notice of motion to recover damages for personal injuries received while riding as a guest in the automobile of defendant's intestate, J. P. Taylor. There was a trial by jury which resulted in a verdict for the defendant.

The refusal of the trial court to set aside the verdict of the jury as being contrary to the law and the evidence is assigned as error.

The basic allegation of the notice of motion is that defendant's intestate was guilty of gross negligence in the operation of his Buick coupe, while plaintiff was riding therein as a guest. The specific act of negligence relied upon was that Taylor drove the automobile at a too rapid rate of speed around a very dangerous curve in Amelia county, in which said curve is located a bridge or culvert, and that while attempting to round this curve at an excessive rate of speed, the said J. P. Taylor completely lost control of the automobile and ran into the left hand side of the bridge, completely demolishing the automobile and inflicting upon plaintiff serious and permanent injuries.

Grinstead and Taylor, both residents of the city of Roanoke were intimate friends and were employed as registered pharmacists in two of the city's drug stores. Taylor, the owner of a Buick coupe, on July 14, 1934, extended to Grinstead and the two young ladies an invitation to ride with him from Roanoke to Virginia Beach, a distance of approximately three hundred miles. After the day's work, the young men, with the young ladies, left Roanoke at six o'clock in the afternoon. All four were seated in the front seat of the coupe, with one of the young women sitting on the lap of plaintiff. In this situation, they expected to make the all-night journey to Virginia Beach. Grinstead and the young women testified that from Roanoke to Farmville the trip was without unusual incident; that Taylor drove at a moderate rate of speed and in a careful manner. After leaving Farmville the two young women went to sleep, one sitting next to Taylor and the other sitting upon plaintiff's lap. Plaintiff also went to sleep sometime prior to arriving at Amelia Court House. At the latter place plaintiff was awakened by Taylor who asked him which direction he should take. Plaintiff replied that he was not familiar with the road, so Taylor decided to take the road leading through Petersburg, as it was the road with which he was acquainted.

At the time of the accident, which occurred between one and two o'clock on the morning of the 15th of July, plaintiff and the two women were asleep. Consequently, they were unable to throw any light upon the occurrence. The physical facts demonstrated that the automobile ran into the left hand side of the bridge, striking a guard rail and then striking a tree. As a result of the impact, Taylor was instantly killed and plaintiff was injured, as were the two young women.

There is in the evidence of the three survivors of the accident no conflict in regard to the manner in which Taylor operated the automobile which they were awake. Each of them testified that he drove upon the right hand side of the road, that he drove at a proper rate of speed, that he kept a proper lookout and that he was a careful driver. It...