Richards v. Rifenbery

• Court: Oklahoma Supreme Court
• Writing for the Court: MASON, J.
• Citation: Richards v. Rifenbery, 233 P. 692, 1923 OK 1166, 108 Okla. 56 (Okla. 1923)
• Decision Date: 18 December 1923
• Docket Number: 12245.
• Parties: RICHARDS v. RIFENBERY.

233 P. 692

108 Okla. 56, 1923 OK 1166

RICHARDS v. RIFENBERY.

No. 12245.

Supreme Court of Oklahoma

December 18, 1923

Rehearing Denied March 3, 1925.

Syllabus by the Court.

In a civil action, triable to a jury, where there is competent evidence reasonably tending to support the verdict of the jury, and no prejudicial errors of law are shown in the instructions of the court, or its ruling on law questions presented during the trial, the verdict and finding of the jury will not be disturbed on appeal.

Where an emergency arises which makes it necessary for R., who is driving on the right-hand side of the street, to swerve to the left, held he, in so doing, is required to exercise only reasonable care for the safety of others using the street, and the question of whether or not he used such care is one of fact for the determination of the jury.

Record examined, and held the evidence reasonably tends to support the verdict of the jury finding for the defendant.

Appeal from District Court, Muskogee County; Guy F. Nelson, Judge.

Action by Maggie Richards against J. C. Rifenbery. From judgment for defendant, plaintiff appeals. Affirmed.

Leahy & Brewster, of Muskogee, for plaintiff in error.

Ezra Brainerd, Jr., and Chas. P. Gotwals, both of Muskogee, for defendant in error.

MASON J.

This is an action for personal injury appealed from the superior court of Muskogee county, Okl., and the parties will be designated as plaintiff and defendant as they were in the court below.

In the latter part of June, 1919, plaintiff was driving north on the east side of Twelfth street in the city of Muskogee in a taxi, and when she reached the street car track on Broadway which runs east and west, the taxi suddenly stopped about the middle of the track which is north of the center of the street which is about 32 feet wide. Defendant was driving west on the north side of Broadway at a rate of speed of 12 or 14 miles an hour, and when he reached a point near the intersection of Broadway and Twelfth street, a car coming from behind him at a rate of speed of 25 or 30 miles an hour passed between the taxi and the defendant's car and turned north on Twelfth street. Said car passed 2 or 3 feet in front of defendant's car, and, in order to keep from hitting his car, defendant released the clutch, applied the breaks and swerved to the left, and before he could bring his car to a standstill he struck the taxi in which the plaintiff was an occupant and injured plaintiff's arm. Defendant did not see the taxi until he was within 15 feet of the corner, did not know it was standing still, and, at the time he swerved to the left, the taxi was 12 or 14 feet from him and when the collision came he was driving 2 or 3 miles an hour. Defendant was within about 15 feet of the corner when the taxi stopped.

Defendant took plaintiff to the hospital in his car, went after her...