Home/Supreme Court of Virginia/Safety Motor Transit Corp. v. Cunningham

Safety Motor Transit Corp. v. Cunningham

171 S.E. 432, 161 Va. 356, 1933 Va. LEXIS 325
CourtSupreme Court of Virginia
DecidedSeptember 21, 1933
StatusPublished
Cited by19 cases

This text of 171 S.E. 432 (Safety Motor Transit Corp. v. Cunningham) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Safety Motor Transit Corp. v. Cunningham, 171 S.E. 432, 161 Va. 356, 1933 Va. LEXIS 325 (Va. 1933).

Opinion

Hudgins, J.,

delivered the opinion of the court.

Plaintiff recovered a verdict and judgment for $15,000, damages for personal injuries claimed to have been sustained as a result of a collision between a bus of defendant company, on which she was a passenger, and an automo[359]*359bile driven by defendant, W. H. Scott. Safety Motor Transit Corporation and W. H. Scott, co-defendants, sought and obtained separate writs of error to the same judgment. As the errors assigned are different, we have disposed of them in separate opinions.

Safety Motor Transit Corporation assigns only two errors—the refusal of the trial court to set aside the verdict (1) because it was contrary to the law and the evidence, and (2) because the amount of the verdict was excessive.

Plaintiff is here with a verdict in her favor, hence we must regard as established all material facts which the jury, as reasonable men, might have found from the evidence. Guided by this rule, the evidence which the jury might have believed may be stated thus:

The accident occurred at the intersection of Chapman avenue and Thirteenth street in the city of Roanoke. These streets are approximately thirty feet wide from curb to curb. Chapman avenue extends east and west and Thirteenth street north and south. West of Thirteenth street Chapman avenue is further north than it is on the east side, making an offset of more than fifty per cent of the width of the street. The angle of intersection is more acute than a right angle. If the center line of Chapman avenue were projected westwardly across Thirteenth street it would intersect with the curb on Thirteenth street somewhat north of the north line of Chapman avenue west of this street. This is apparent from the attached plat.

[360]*360

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Bluebook (online)
171 S.E. 432, 161 Va. 356, 1933 Va. LEXIS 325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/safety-motor-transit-corp-v-cunningham-va-1933.