Arundel v. Turk

WHITE, J.,

pro tem.

This is an action brought to recover damages on account of personal injuries received by plaintiff in an automobile accident. At the time of the accident in question the plaintiff, Sarah Arundel, was driving her Dodge automobile in a southerly direction along Main Street in Ocean Park. At the same time and place, the defendant, L. A. Turk, was driving his Durant automobile in a northerly direction along the same street. The two automobiles collided, the left front portion of each being involved in the collision. Trial was had before a jury, and a verdict returned for defendant and against plaintiff. Judgment being entered thereon, plaintiff prosecutes this appeal therefrom.

• Appellant’s first assault upon the judgment is based on the claim that the evidence is insufficient to justify the verdict of the jury. There is in the record evidence that appellant was operating her automobile just prior to the accident on her right-hand side of the street at a rate

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of speed estimated to be between 12 and 14 miles per hour; that suddenly respondent’s automobile, going in the opposite direction, came from behind another automobile over onto its wrong side of the street and collided with appellant’s automobile. Opposed to this is testimony to the effect that respondent was driving on his right side of the street and was never at any time over on the wrong side; that appellant, when about 25 feet away from respondent’s automobile, made a left turn over onto her wrong side of the street, colliding with respondents’ car. The testimony appears to be indisputable that when "the cars came to rest respondent’s Durant was several feet east of the center of the street and the whole of appellant’s Dodge, with the exception of the right rear wheel, was also east of the center line of Main Street.

When a judgment is attacked as being unsupported by the evidence, the power of the appellate court in passing on this question begins and ends with a determination as to whether there is any substantial evidence, contradicted or uncontradicted, which will support the verdict rendered by the jury; and on appeal from a judgment for defendant in an action for damages for negligence, all conflicts in the evidence must be resolved in favor of the defendant, and all legitimate and reasonable inferences indulged in to uphold the judgment, if possible; and when two or more inferences can be reasonably deduced from the facts, the reviewing court is without power to substitute its deductions for those of the jury.