Samuel Hawkins Music Co v. Ashby
| Decision Date | 11 March 1964 |
| Docket Number | SAMUEL-HAWKINS,No. 19953,No. 2,19953,2 |
| Citation | 196 N.E.2d 760 |
| Parties | MUSIC CO., Inc., Appellant, v. Gary R. ASHBY, Appellee |
| Court | Indiana Appellate Court |
Emison & Emison, Vincennes, for appellant.
Gerald G. Fuchs, Raymond P. Knoll, Evansville, Horace A. Foncannon, Vincennes (Fuchs & Knoll, Evansville, of counsel), for appellee.
This action was brought by the appellee in the trial court to recover for personal injuries suffered in a collision at an unmarked rural intersection, with a vehicle of the appellant.
Appellant, a corporation, was alleged through its agent to have committed the following negligent acts:
1. Failing to yield the right of way to appellee;
2. Failing to drive at an appropriate reduced speed approaching an intersection;
3. Driving at the high and dangerous rate of speed in excess of fifty-five (55) miles per hour;
4. Failing to keep a reasonable lookout;
5. Failing to maintain reasonable control in the operation of the vehicle.
Appellant filed an answer admitting its corporate status and the agency of its driver, and subsequently filed a counterclaim alleging the negligence of appellee as the proximate cause of the collision and the resultant property damage to this appellant in that appellee failed to yield the right of way, failed to reduce his speed approaching an intersection, and failed to maintain control over his vehicle.
To this counterclaim the appellee filed answer in denial admitting the corporate status of the counterclaimant and the agency of its driver.
Trial was had by jury, which returned a verdict for the appellee in the sum of $5,000 and found against the appellant on its counterclaim. Thereafter, appellant's motion for a new trial was overruled and judgment was entered for the appellee in accordance with the general verdict.
Under its assignment of error that the court erred in overruling the motion for a new trial, appellant asserts error of law occurring at the trial in the court's refusal to give certain of appellant's instructions.
Appellant contends that the lower court erred in refusing to give appellant's instruction No. 2 requesting that the issue of appellant's failure to slow down before entering an intersection be withdrawn from the jury, in refusing to give appellant's instruction No. 3 requesting that the issue of appellant's speed be withdrawn from the jury, and in refusing to give appellant's...
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Samuel-Hawkins Music Co. v. Ashby
...to us on petition to transfer from the Appellate Court pursuant to Rule 2-23 of this Court, the Appellate Court's opinion appearing in 196 N.E.2d 760. Appellant has appealed from an adverse judgment in an action for personal injuries growing out of an automobile accident in which the jury a......