Lord v. Roberts
| Decision Date | 15 December 1917 |
| Docket Number | 19658 |
| Citation | 165 N.W. 892,102 Neb. 49 |
| Parties | ROSA L. LORD, EXECUTRIX, APPELLEE, v. JASPER ROBERTS, APPELLANT |
| Court | Nebraska Supreme Court |
APPEAL from the district court for Otoe county: JAMES T. BEGLEY JUDGE. Affirmed.
AFFIRMED.
William H. Pitzer and Edwin Zimmerer, for appellant.
Paul Jessen, contra.
This action was brought in the district court for Otoe county to recover damages sustained by the plaintiff, which were alleged to have been caused by defendant's negligence in driving his automobile upon a highway in said county. There was a verdict for the plaintiff for $ 595 and judgment was rendered upon it for that sum. The defendant appeals. After the judgment was rendered the plaintiff died, and the case was revived in the name of his executrix, Rosa L. Lord.
It appears that on the 4th day of July, 1913, the plaintiff was riding in a spring wagon with his son and four other persons going west on the public road from Syracuse, Nebraska, to the home of his son. They had spent the day in Syracuse, and started for home at about 9 o'clock in the evening. When they had reached a point just east of what is known as Carper's place, they met an automobile coming from the west, and turned their team out on the right-hand side of the road and clear to the north side of the traveled portion of the highway, and there they stopped the team to allow the automobile to pass. Just after the automobile had passed the defendant came up from behind the carriage. He was driving his car at about 20 to 25 miles an hour, and in attempting to pass he struck the left hind wheel of the wagon which the plaintiff was riding in, and with such force as to wreck the wheel, break the buggy tongue, and throw the driver of the team out over the dashboard of the wagon. The team ran away with the buggy in which the plaintiff and his daughter-in-law were riding. After the team had gone about half a mile the plaintiff was thrown to the ground, striking on his head, and thus received the injury of which he complains.
The record shows that the highway where the accident occurred was practically level and was in good condition. It appears that the driver of the wagon in which plaintiff was riding turned out to the north side of the road as far as he could, and that there was a space of 6 to 8 feet of clear way between the buggy and the middle of the traveled part of the highway so that there was plenty of room for the passage of defendant's car if he had been looking and had been careful in attempting to avoid a collision with the buggy in which plaintiff was riding.
The evidence shows that there were weeds and also some brush consisting of ash sprouts on the side of the road where the team was standing, but we are unable to say that defendant's view was so obstructed that he could not have seen the team and wagon if he had been keeping the proper outlook. In fact defendant's wife saw the rig standing at the side of the road, and called attention to it when about 30 feet away. The foregoing is a brief statement of the facts leading to the injury.
Vincent Lord testified that the injury caused him to vomit and spit blood. Rosa L. Lord, the wife of Vincent Lord, testified that before the injury he had been able to do farm work, but that after the injury he sat in the rocking chair or was lying on the couch, and that he did no work in the field during the summers of 1914 and 1915. He appears to have coughed and spit blood whenever he tried to work, and was only able to feed the pigs and do chores. Other witnesses testified that after the injury Vincent Lord was unable to eat breakfast and was spitting blood. He was weak and had to support himself by holding onto...
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