State v. . Benton

Connor, J.

As there was error in the refusal of the trial court to allow defendant’s motion at the close of all the evidence for judgment of nonsuit, we shall not discuss other assignments of error urged by counsel for defendant as entitling him to a new trial.

The evidence tending to show that the needle on the speedometer on defendant’s automobile, after the collision, which wrecked both automobiles, pointed to the figures “70” on the dial, while admissible to show the condition of the automobile after the collision, has no probative value as evidence to show the speed at which the defendant was driving his automobile at the time of the collision. The needle was hung, showing that the speedometer was injured by the collision, and ceased to function. Otherwise, it would have fallen to the figure “0” when the automobile stopped. Whether the needle on the speedometer fell or rose, after the collision, is a matter of conjecture and speculation. Its position on the dial after the collision, and the resulting injury to the speedometer, has no value as evidence showing the speed at which the automobile was driven before its collision with the automobile of the deceased.

As there was no evidence at the trial of the action tending to show that the collision of the two automobiles, and the resulting death of the deceased, was caused by the culpable negligence of the defendant, the action should have been dismissed.

The judgment is

Reversed.