Opinion
No. 42577.
February 11, 1963.
1. Motor vehicles — intersectional collision — negligence — jury questions.
Questions whether defendant negligently entered intersection without looking to his right, and whether plaintiff was traveling at greater rate of speed than he admitted, as indicated by skidmark, were for jury in intersectional automobile collision suit.
2. Appeal — verdict — set aside, only when — jury, judge of weight and worth of evidence.
The jury is the judge of weight and worth of evidence; and unless their verdict is manifestly erroneous, or it is apparent that jury was actuated by passion, prejudice or corruption, the verdict on an issue of fact will be sustained.
Headnotes as approved by Rodgers, J.
APPEAL from the Circuit Court of Harrison County; LESLIE B. GRANT, Judge.
Tonsmeire Mannino, Biloxi, for appellant.
I. The proximate cause of the accident was the negligence of the appellee in failing to yield the right of way to the appellant after his vehicle had preempted the intersection or had approached so closely thereto as to constitute an immediate hazard to the appellee. Avent v. Tucker, 188 Miss. 207, 194 So. 596; Meo v. Miller, 227 Miss. 11, 85 So.2d 568; Walton v. Owens, 244 F.2d 383; Wells v. Bennett, 229 Miss. 135, 90 So.2d 199; Sec. 8197, Code 1942; Sec. 17-36, Code of Ordinances, City of Biloxi, Miss., 1959.
P.D. Greaves, Gulfport, for appellee.
I. Cited and discussed the following authorities: Avent v. Tucker, 188 Miss. 207, 194 So. 596; Catchot v. City of Ocean Springs, 218 Miss. 417, 67 So.2d 444; Ginn v. Culpepper, 243 Miss. 55, 137 So.2d 179; Jones v. Carter, 195 Miss. 182, 13 So.2d 623; Meaut v. Langlinais, 240 Miss. 242, 126 So.2d 866; Meo v. Miller, 227 Miss. 11, 85 So.2d 268; Stewart v. Kroger Grocery Baking Co., 198 Miss. 371, 21 So.2d 912; Sec. 46-285.1, Code of Virginia; Vol. 2, Defense Law Journal, 174.
This is a suit for damages alleged to have been caused by the collision of two automobiles at a street intersection in the City of Biloxi, Mississippi. The jury returned a verdict in favor of defendant and plaintiff has appealed to this Court from the judgment of the Circuit Court of the Second Judicial District of Harrison County, Mississippi.
Appellant complains that the verdict of the jury was contrary to the overwhelming weight of the evidence and evinces bias and prejudice.
(Hn 1) The evidence in this case presents a typical issue of fact for the jury, as to who caused the accident at a street intersection. The testimony was conflicting as to the proximate cause of the accident. The question as to whether or not appellee negligently entered the intersection without looking to the right, or whether or not appellant was traveling at a greater rate of speed than he admitted, as indicated by the skidmark, was the issue to be determined by the jury.
(Hn 2) Members of this Court, from time to time, may not agree with the finding of a jury on issues of fact; nevertheless, the jury is the judge of the weight and worth of the evidence, and unless the verdict is manifestly erroneous, or it is apparent that the jury was actuated by passion, prejudice or corruption, the verdict of the jury on the issue of fact will be sustained. Faulkner v. Middleton, 186 Miss. 355, 188 So. 565, Suggestion of Error, 190 So. 910; C. R. Stores, Inc. v. Scarborough, 189 Miss. 872, 196 So. 650; Kelly v. State, 239 Miss. 705, 124 So.2d 844.
The jury resolved the issue of fact in favor of appellee in the instant case, and since there was ample evidence in the record on which the jury could have based its verdict, we are of the opinion that it should be sustained. The judgment of the trial court is therefore affirmed.
Affirmed.
Lee, P.J., and Kyle, Arrington and Ethridge, JJ., concur.