Moncrief v. Interstate Transit Lines
| Decision Date | 24 May 1935 |
| Docket Number | 29215. |
| Citation | 261 N.W. 163,129 Neb. 168 |
| Parties | MONCRIEF v. INTERSTATE TRANSIT LINES. |
| Court | Nebraska Supreme Court |
Syllabus by the Court.
1. A motion for a directed verdict must, for the purpose of a decision thereon, be treated as an admission of the truth of all material and relevant evidence submitted on behalf of the party against whom the motion is directed, and said party is entitled to have every controverted fact resolved in his favor, and to have the benefit of every inference that can reasonably be deduced from the facts in evidence.
2. " A motorist on a nonfavored street, having stopped as required by ordinance, and having looked to the right and left before entering an arterial highway and found the intersection clear of traffic, has a right, in proceeding to cross it, to assume that motorists on the arterial highway will likewise obey traffic regulations, exercise due care and, if necessary to prevent a collision, slacken their speed." McCulley v. Anderson, 119 Neb. 105, 227 N.W. 321.
3. " Where different minds may reasonably draw diverse conclusions from the same facts as to whether or not they establish negligence or contributory negligence, those issues must be submitted to the jury." Casey v. Ford Motor Co., 108 Neb. 352, 187 N.W. 922.
4. Evidence in the record examined, and held to require the submission of the issues involved to a jury for their determination.
Appeal from District Court, Dawson County; Nisley, Judge.
Action by R. N. Moncrief, administrator of the estate of Edna M Woolard, deceased, against the Interstate Transit Lines. From an adverse judgment plaintiff appeals.
Judgment reversed, and cause remanded, with directions.
York & York, of Lexington, and Ted R. Frogge, of Elwood, for appellant.
T. W Bockes, of Omaha, T. F. Hamer, of Kearney, T. M. Hewitt, of Lexington, and James T. Keefe, of North Platte, for appellee.
Heard before GOSS, C. J., and ROSE, GOOD, EBERLY DAY, PAINE, and CARTER, JJ.
This is an action for damages brought by Moncrief, as administrator of the estate of Edna M. Woolard, deceased, against the Interstate Transit Lines, a Nebraska corporation, engaged in operating a line of buses through Dawson county, Nebraska, as a common carrier. Plaintiff seeks a recovery under sections 30-809 and 30-810, Comp. St. 1929 (Lord Campbell's Act), for the death of his intestate, occasioned by injuries suffered by her in a collision occurring on September 12, 1932, between an automobile then operated by the deceased and a bus then owned and operated by the defendant company. This collision concededly took place at the intersection of Thirteenth and Washington streets in the city of Lexington, Nebraska, and plaintiff alleges it was caused solely by the careless, negligent and unlawful operation of the defendant's bus by its driver and agent, and without fault or negligence on part of Edna M. Woolard. The defendant admits the occurrence of the accident at the time and place alleged, and that Edna M. Woolard died from injuries suffered in this collision; denies the allegations of negligence made in the petition, and pleads contributory negligence as an affirmative defense. To the answer plaintiff replied by way of a general denial. On these issues a trial was commenced before a jury, and at the close of the plaintiff's evidence the defendant moved the court for a directed verdict in its favor, " for the reason that the evidence offered is not sufficient to sustain a verdict against it." This motion the trial court sustained, and from the order of that court overruling his motion for a new trial, plaintiff appeals.
A motion for a directed verdict must, for the purpose of a decision thereon, be treated as an admission of the truth of all material and relevant evidence submitted on behalf of the party against whom the motion is directed, and said party is entitled to have every controverted fact resolved in his favor, and to have the benefit of every inference that can reasonably be deduced from the facts in evidence. Schmelzel v. Leecy, 104 Neb. 672, 178 N.W. 267; Boomer v. Lancaster County, 115 Neb. 295, 212 N.W. 613; LaFleur v. Poesch, 126 Neb. 263, 252 N.W. 902; Bainter v. Appel, 124 Neb. 40, 245 N.W. 16.
In Boomer v. Lancaster County, 115 Neb. 295, 212 N.W. 613, this court held: " Where from the facts and circumstances proved reasonable minds might draw different conclusions concerning the negligence or lack of negligence of the respective parties, it is error to sustain a motion for an instructed verdict."
Again, in Casey v. Ford Motor Co., 108 Neb. 352, 187 N.W. 922, we held: " Where different minds may reasonably draw diverse conclusions from the same facts as to whether or not they establish negligence or contributory negligence, those issues must be submitted to the jury."
See, also, Vorce v. Independent Telephone Co., 86 Neb. 27, 124 N.W. 836; Sgroi v. Yellow Cab & Baggage Co., 124 Neb. 525, 247 N.W. 355; Swengil v. Martin, 125 Neb. 745, 252 N.W. 207; McDonald v. Wright, 125 Neb. 871, 252 N.W. 411.
It is an admitted fact that the death of Edna M. Woolard resulted from a collision between a Ford touring car, of which the deceased was the driver, and a bus operated by the defendant as alleged. The impact between the motor vehicles took place in the intersection of Thirteenth and Washington streets in the residence district of the city of Lexington. Washington street was a federal and state highway constituting a portion of Highway No. 30, otherwise designated as the " Lincoln Highway." The block immediately south of this intersection was 400 feet in length. Looking northward from the intersection of Twelfth and Washington streets there was no obstruction to a clear view along the latter street, and indeed to the eastward thereof to a point some six feet east of the east stop button on Thirteenth street. The accident occurred in the day time. Immediately preceding the fatal collision, the plaintiff's decedent was proceeding in her Ford touring car west along Thirteenth street, accompanied by a lady friend. She stopped her car within a few feet of the east stop button on...
To continue reading
Request your trial