Miller v. Dixie Greyhound Lines, Inc.
This text of 164 F.2d 977 (Miller v. Dixie Greyhound Lines, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Struck by an oncoming car, after safely alighting from one of defendant’s buses at a regular stop, when, coming from behind the bus, she undertook to cross the highway, appellant, by her husband and next friend, sued appellee, the owners of the oncoming automobile, and a passing truck as defendants. At the conclusion of the plaintiff’s evidence,1 defendant appellee moved for and obtained an instructed verdict, and plaintiff has appealed. Here she insists that her proof, that instead of stopping on the shoulder the bus stopped on the main traveled part of the highway, made out a case of negligence under Gulf Refining Co. v. Brown, 196 Miss. 131, 16 So.2d 765, and her proof, that the bus did not dim its lights in response to Kohler’s dimming, made out a case of negligence under Sections 8234 and 8241, Mississippi Code Annotated 1942, governing the depressing or dimming of headlights on parked vehicles and in response to approaching traffic. Cf. [979]*979Evans Freight Lines v. Fleming, 184 Miss. 808, 185 So. 821.
Appellee, on its part citing Mississippi City Lines v. Bullock, 194 Miss. 630, 13 So.2d 34, 145 A.L.R. 1199, insists that in order to entitle the plaintiff to recover she must show not merely that there was negligence but that it was the direct and proximate cause of her injuries, and that since the evidence establishes as a matter of law that her undertaking to cross the highway and not the stopping of the bus or the condition of its lights was the proximate cause, the verdict was rightly directed. In support of its position that the statute requiring bus lights to be dimmed is without bearing in the case it points to the absence of any evidence in the case that the lights of the bus were not in strict accordance with the statutes of Mississippi.
An examination of the record in the light of these contentions and counter-contentions leaves us in no doubt that the verdict was rightly directed and that the judgment must be affirmed.
Affirmed.,
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164 F.2d 977, 1947 U.S. App. LEXIS 2014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-dixie-greyhound-lines-inc-ca5-1947.