Evans v. Teche Lines Inc‪.‬

Appellants, plaintiffs below, are the father and mother and five minor brothers and sisters of James C. Evans, who died as the result of a collision between a Ford automobile he was driving and a bus owned and operated by appellee. The suit was brought to recover damages of $50,000. The accident occurred on highway No. 51, about 2 miles south of Bryam, in Hinds County, Mississippi. At that point the highway runs approximately north and south and is straight. It is a double lane paved road with a mark down the centre to divide the lanes. The bus was travelling south and the Ford was travelling north. By the law of Mississippi each vehicle was required to stay in its own lane, which was to the right of the center as to each, the west side for the bus and the east side for the Ford. Code Supp. Miss. 1938, § 1439 et seq. The negligence alleged is that the bus was operating at an excessive and dangerous speed of 60 to 65 miles per hour, was defective and just prior to the accident was driving on the east side of the road. The collision occurred on the west side of the road where the bus had the right to be. Evans, his wife, three other persons in the Ford and the driver of the bus were killed. Defendant answered, denying negligence and pleading contributory negligence. At the close of the evidence a verdict was directed in favor of defendant. Appellants assign error to that action of the court; to the refusal to permit them to take a voluntary non-suit; to the exclusion of part of the testimony of one witness, Dr. Moore; and to the refusal to grant a new trial.