Manning
Manning v. O'Rourke
Opinion
Lead Opinion
Houser, J.
This appeal is from a judgment in favor of plaintiff and against defendants rendered in pursuance of a verdict which was returned by a jury in an action for personal injuries.
From the evidence adduced on the trial, the jury would have been justified in reaching the conclusion that the pertinent facts relative to the happening of the accident (which occurred on September 5, 1928) included the following, to wit: In a 40-mile per hour zone of vehicular traffic plaintiff was operating a light automobile truck in an easterly direction on the south side of an east-and-west street approaching its intersection with a cross street at a rate of speed of approximately 30 to 35 miles per hour. At the same time, traveling in a westerly direction in the immediate vicinity of said intersection on the same street as that traveled by plaintiff, was the heavy automobile truck owned by defendant O ’Rourke and which at that time was being driven by defendant Ramsey (who was in the employ of O’Rourke) on the north side of said east-and-west street. The accident in question arose from the circumstance that the truck operated by the defendant made a left turn into the intersecting street at the same…