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City Transfer Co. v. Johnson

Supreme Court of Arizona

July 13, 1951

CITY TRANSFER CO. et al.
v.
JOHNSON

Judgment affirmed.

Moore & Romley, of Phoenix, for appellants.

Brown & Langerman, of Phoenix, for appellee.

Stanford, Justice. Udall, C. J., and Phelps, De Concini and La Prade, JJ., concur.

OPINION

Stanford, Justice.

[72 Ariz. 295] Appellee, hereinafter styled plaintiff, brought his action in the trial court against appellants, on this appeal called defendants, for personal injuries allegedly sustained as a result of defendants' negligence.

Following the trial by jury, a verdict was rendered for the plaintiff in the sum of $ 15,000. From the judgment entered thereon and from the denial of defendants' motion to set aside the verdict and motion for new trial, this appeal is taken.

Plaintiff was a passenger in a Ford sedan automobile driven by his son, Robert Johnson,

Page 1079

in a westerly direction along East Washington Street in Phoenix. Robert Johnson brought the automobile to a complete stop behind another car which had stopped to give the right of way to, and permit the loading of a school bus. During the time said Ford sedan was stopped, a G.M.C. truck-tractor, belonging to defendant Transfer Co. and driven by defendant Miller, approached from the rear and to avoid colliding with plaintiff's sedan, swerved in such a manner that it caused much of its load of baled cotton to strike the sedan with great force and violence causing this plaintiff to be thrown from his seat, striking his head and parts of his body against the interior of the car and seriously injuring him. Plaintiff claimed the truck was travelling at a speed of 45 miles per hour, that that was an excessive speed for that district and that the truck's brakes were defective.

Defendants' first assignment of error is based on the following remarks by the trial court in the presence of the jury:

"Well, after all, a court of justice is for the purpose of ascertaining the truth. Your objection will be ...


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