REYNOLDS, ADMTRX. ETC. v. Langford , 241 Ind. 431 ( 1961 )

DISSENTING OPINION

Jackson, J.

The only question here for determination is the propriety of the action of the trial court in sustaining appellee’s motion for a directed verdict at the close of appellant’s case in chief.

The record here discloses that appellee was familiar with the intersection where the collision, resulting in the death of appellant’s decedent occurred, that he and decedent had twice or three times that evening, once just minutes before the collision, crossed the same. The intersection was marked by stop signs, the presence of a car awaiting clearance to make a left turn, and by the approaching truck later involved in the collision. The lights were burning on all vehicles. Appellee did not slacken speed or stop before entering the intersection, and collided with the truck with sufficient force to upset said truck some 60 to 70 feet from the point of impact.

The Appellate Court opinion as reported in 166 N. E. 2d 873 exhaustively reviews and considers the questions here involved and it, in my opinion, arrived at the correct decision.

I would deny transfer.

Note. — Reported in 172 N. E. 2d 867.