Filed Date： 2/28/1949
Status： Precedential
Modified Date： 10/19/2024
The evidence presented a jury question on the issue of liability. The jury was free to find that appellant’s operator was negligent in that, at the time of the first collision between plaintiffs’ car and the Stukey trailer, he had ample time and space in which to avoid running into the rear of plaintiffs’ ear; or if he did not have ample time and space, he was not far enough behind plaintiffs to be in a position to avoid the accident; and, therefore, appellant’s operator was not operating his truck in such a manner as not to endanger plaintiffs’ life and property. The theory of emergency, which is the basis of appellant’s argument, was not charged by the court in connection with appellant, and he took no exception to the charge, nor did he make any requests. Nor may the judgment be reversed because of the admission of Dr. Papa’s testimony that, if there is no union as the result of a bone-grafting operation which must be performed, the leg of plaintiff husband may have to be amputated. The objection to Dr. Papa’s testimony was made by counsel for another defendant and not by this appellant. Moreover, the same testimony by Dr. Child was not objected to by anyone and, therefore, the testimony of Dr. Papa was not prejudicial. Carswell, Acting