VAMMEN v. KINSEY

VAMMEN v. KINSEY
1937 OK 602
72 P.2d 497
181 Okla. 92
Case Number: 27396
Decided: 10/19/1937
Supreme Court of Oklahoma

Vammen
v.
Kinsey

Syllabus by the Court.

¶0 1. APPEAL AND ERROR--Sufficiency of Evidence to Support Verdict.
Where there is any evidence reasonably tending to support the verdict of a jury, the same will not be disturbed on appeal.
2. AUTOMOBILES--Statutory Provision as to Driving Speed on Highways.
"Any person driving a vehicle on a highway shall drive the same at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width of the highway and of any other conditions then existing, and no person shall drive any vehicle upon a highway at a speed greater than will permit him to bring it to a stop within the assured clear distance ahead," is the degree of care prescribed by the statute.

Appeal from County Court, Delaware County; W. F. Hampton, Trial Judge.

Action by Ben Kinsey against C. A. Vammen. Judgment for plaintiff, and defendant appeals. Affirmed.

Houston B. Teehee, of Tahlequah, for plaintiff in error.
L. Keith Smith, of Jay, for defendant in error.

CORN, Justice.

¶1 This is an appeal from a judgment of the county court of Delaware county upon a verdict of the jury awarding the plaintiff damages in the sum of $150 for the loss of a mule struck by defendant's automobile upon a public highway at night.

¶2 The defendant seeks reversal of the judgment upon the ground that the verdict and judgment are not sustained by the evidence.

¶3 This court has repeatedly held that, where there is any evidence reasonably tending to support the verdict of a jury, the same will not be disturbed on appeal.

¶4 As we view the evidence in the case, the defendant did not use such care in driving his car upon the road at night as would free him from liability in connection with the accident. Section 10323, O.S.1931, as amended by section 14, c. 113, Sess.Laws 1933 (47 Okl.St.Ann. § 92), defines the degree of care which should be exercised by persons driving vehicles upon the public highway, as follows: "Any person driving a vehicle on a highway shall drive the same at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width of the highway and of any other conditions then existing, and no person shall drive any vehicle upon a highway at a speed greater than will permit him to bring it to a stop within the assured clear distance ahead."

¶5 It is evident that the defendant was driving at a speed greater than would permit him to stop within the assured clear distance ahead.

¶6 The judgment of the trial court is affirmed.