Williams v. Weeks

• Decision Date: 30 October 1972
• Docket Number: No. 46814,46814
• Citation: 268 So.2d 340
• Parties: David WILLIAMS v. Casey WEEKS, Jr.
• Court: Mississippi Supreme Court

Page 340

268 So.2d 340

David WILLIAMS v. Casey WEEKS, Jr.

No. 46814.

Supreme Court of Mississippi.

Oct. 30, 1972.

Liston & Upshaw, James Y. Dale, Winona, for appellant.

Stone & Graham, W. Welborn Johnson, Columbus, Will P. Starnes, Mathiston, for appellee.

BROOM, Justice:

This is an appeal from the Circuit court of Webster County wherein appellant brought an action for personal injuries received by him in an automobile accident. At the conclusion of appellant's presentation of his case, the court sustained appellee's motion for a directed verdict and entered a judgment for the appellee from which judgment the appellant now brings this appeal.

On September 14, 1968, the appellant was a passenger in a 1968 Ford automobile owned and driven by the appellee en route home from work in West Point, Mississippi. Appellant was asleep in the rear seat of the car between two other passengers. Appellee was driving said automobile west on Highway 50 and nearing its intersection with Highway 389.

The testimony indicates that appellee was driving approximately sixty-five miles per hour as his automobile approached the community of Pheba at the intersection of Highways 50 and 389. At a point approximately sixty to seventy-five yards east of the intersection of said highways, Money McCain, who also was a passenger in appellee's automobile, stated to the appellee that he should watch a pickup truck which was approaching the intersection from the south on Highway 389. Appellee did not apply his brakes but slowed down to approximately forty or forty-five miles per hour; he did not sound his horn; he did not turn to his right or left; and he did nothing except proceed at a reduced rate of speed of forty to forty-five miles per hour. The pickup truck traveling north on Highway 389 at about twenty-five to thirty miles per hour failed to stop for the stop sign posted at the intersection of said highways and pulled out into the path of the automobile driven by appellee and occupied by appellant. At the time the other vehicle ran the stop sign and entered Highway 50, the automobile being operated by appellee was traveling from east toward west and was approximately twenty to thirty yards east of the intersection. The two vehicles collided in appellee's appropriate lane for westbound traffic. Appellant was injured in the impact.

The sole and only question before the Court is whether or not the trial judge erred in granting the directed verdict for appellee.

Appellant contends that a jury question was presented and that the case should have gone to the jury. With this contention this Court agrees.

This Court has many times held that the trial court must look solely to the testimony in behalf of the party against whom the directed verdict is requested, and, taking that testimony as true, along with all reasonable inferences which could be drawn therefrom...