Opal O'Neill v. Zan B. Claypool

This is an action for damages for personal injuries and property damage arising out of an intersectional collision of two
automobiles. Pending trial defendant died and her administrator was substituted as party defendant. The trial jury returned
a verdict for the administrator. Plaintiff's motion for a new trial was sustained for error in the giving of Instruction No.
5. From that order and judgment the administrator appealed to this Court, which has jurisdiction since plaintiff prayed for
$61,500.86 and there was a judgment for defendant. Plaintiff sought to go to the jury on three theories: (1) failure to have two sets of adequate brakes in good working condition;
(2) failure to yield right of way to plaintiff, on the theory that plaintiff's automobile entered the intersection first;
(3) failure to maintain a vigilant lookout ahead and laterally on approach and entry into the intersection. The circuit court
refused to submit the case on theories (2) and (3), but submitted it on (1).