Smith v. Sanders
| Decision Date | 26 January 1943 |
| Citation | 293 Ky. 6,168 S.W.2d 359 |
| Parties | SMITH v. SANDERS. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Taylor County; W. H. Spragens, Judge.
Action by Elizabeth Sanders against James W. Smith and another for damage to plaintiff's automobile resulting from a collision. Judgment was for the plaintiff against the named defendant, and plaintiff filed record with clerk of the Court of Appeals and prayed an appeal.
Appeal granted, and judgment reversed, and cause remanded for proceedings in accordance with opinion.
O. B Bertram and Phillip Bertram, both of Campbellsville, for appellant.
Fayette Sanders, of Campbellsville, and J. R. Whitlow, of Louisville for appellee.
Appellee brought this action against appellant and one Greene Hogge to recover of them damages to her automobile. It appears from the allegations of the petition and the evidence that in December, 1939, J. R. Sanders, father of appellee, was driving appellee's automobile on a highway in Taylor county, Kentucky, and appellant was driving his automobile on the same road and in the same direction, and in attempting to pass appellee's car the two cars collided and at the same time and place Hogge was operating his automobile in the opposite direction and his car also collided with appellee's car, thus resulting in the damages sued for. It is alleged that the collision and damages to appellee's car was caused by the concurrent and joint negligence of appellant and Hogge. We are not advised as to what disposition was made of the case as against Hogge. The case was tried as against Smith (appellant) at the September 1941, term of the Taylor circuit court and resulted in a jury verdict and judgment thereon for $200 in favor of appellee. The appellant filed the record with the clerk of this court and prayed an appeal.
One of the grounds relied on for reversal is that the court erred in admitting incompetent evidence offered by appellee. Lawrence Bailey, who was riding in appellee's automobile at the time of the accident, was permitted to testify over objections of counsel for appellant that appellant compromised and settled with him and paid him the sum of about $30. We think this evidence was incompetent and prejudicial. It may have impressed the minds of the minds of the jury with the idea that compromise and settlement with one of the occupants of appellant's car, who was injured, was an admission by appellant that he was in fault. For this reason alone the case must be reversed.
Another ground relied on for reversal of the judgment is that the court should have granted appellant's motion for a continuance or stay of the prosecution of the action. When the case was called for trial appellant's counsel moved the court for a continuance on the ground that appellant had been...
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...on appeal. In re Adoption of a Minor, 78 U.S.App.D.C. 48, 136 F.2d 790;Esposito v. Schille, 131 Conn. 449, 40 A.2d 745;Smith v. Sanders, 293 Ky. 6, 7, 8, 168 S.W.2d 359;Burke v. Hyde Corp., Tex.Civ.App., 173 S.W.2d 364. In construing the provision of the act under consideration it was said ......
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