{ "id": 1558001, "name": "MOZLEY v. RINEHART et al.", "name_abbreviation": "Mozley v. Rinehart", "decision_date": "1930-08-25", "docket_number": "No. 3474", "first_page": "164", "last_page": "167", "citations": [ { "type": "official", "cite": "35 N.M. 164" }, { "type": "parallel", "cite": "291 P. 294" } ], "court": { "name_abbreviation": "N.M.", "id": 8835, "name": "Supreme Court of New Mexico" }, "jurisdiction": { "id": 52, "name_long": "New Mexico", "name": "N.M." }, "cites_to": [ { "cite": "34 N. M. 146", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 1556128 ], "weight": 2, "pin_cites": [ { "page": "362" } ], "opinion_index": 0, "case_paths": [ "/nm/34/0146-01" ] }, { "cite": "37 L. R. A. (N. S.) 43", "category": "reporters:federal", "reporter": "L.R.A.N.S.", "opinion_index": 0 }, { "cite": "96 N. E. 79", "category": "reporters:state_regional", "reporter": "N.E.", "opinion_index": 0 }, { "cite": "210 Mass. 63", "category": "reporters:state", "reporter": "Mass.", "case_ids": [ 5675396 ], "opinion_index": 0, "case_paths": [ "/mass/210/0063-01" ] }, { "cite": "37 L. R. A. (N. S.) 150", "category": "reporters:federal", "reporter": "L.R.A.N.S.", "opinion_index": 0 }, { "cite": "81 A. 104", "category": "reporters:state_regional", "reporter": "A.", "opinion_index": 0 }, { "cite": "81 N. J. Law, 464", "category": "reporters:state", "reporter": "N.J.L.", "case_ids": [ 212318 ], "opinion_index": 0, "case_paths": [ "/njl/81/0464-01" ] }, { "cite": "150 N. W. 1", "category": "reporters:state_regional", "reporter": "N.W.", "opinion_index": 0 }, { "cite": "168 Iowa, 177", "category": "reporters:state", "reporter": "Iowa", "case_ids": [ 2211307 ], "opinion_index": 0, "case_paths": [ "/iowa/168/0177-01" ] }, { "cite": "152 N. W. 179", "category": "reporters:state_regional", "reporter": "N.W.", "opinion_index": 0 }, { "cite": "160 Wis. 253", "category": "reporters:state", "reporter": "Wis.", "opinion_index": 0 }, { "cite": "111 N. E. 22", "category": "reporters:state_regional", "reporter": "N.E.", "opinion_index": 0 }, { "cite": "62 Ind. App. 191", "category": "reporters:state", "reporter": "Ind. App.", "case_ids": [ 5154650 ], "opinion_index": 0, "case_paths": [ "/ind-app/62/0191-01" ] }, { "cite": "114 N. E. 241", "category": "reporters:state_regional", "reporter": "N.E.", "opinion_index": 0 }, { "cite": "65 Ind. App. 54", "category": "reporters:state", "reporter": "Ind. App.", "case_ids": [ 2436714 ], "opinion_index": 0, "case_paths": [ "/ind-app/65/0054-01" ] } ], "analysis": { "cardinality": 317, "char_count": 4683, "ocr_confidence": 0.694, "pagerank": { "raw": 7.552284461341052e-08, "percentile": 0.4480222592127958 }, "sha256": "768796f998ae2b99d1a562bf060e1ddc2786405c7b93501dbf0a65d4920da4ac", "simhash": "1:30cfe4d00c4427d3", "word_count": 830 }, "last_updated": "2023-07-14T22:18:25.112313+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "WATSON and PARKER, JJ\u201e concur.", "BICKLEY, C. J., and SIMMS, J., did not participate." ], "parties": [ "MOZLEY v. RINEHART et al." ], "opinions": [ { "text": "OPINION OF THE COURT\nCATRON, J.\nFrom a judgment in appellee\u2019s favor for damages resulting from an automobile collision, this appeal is taken.\nOn April 7, 1928, appellee\u2019s automobile was being driven east on Coal avenue at the intersection of Eighth street in Albuquerque, N. M. His car approached Eighth street at a lawful rate of speed, less than twenty miles per hour. On approaching Eighth street the driver of appellee\u2019s car observed appellants\u2019 car coming from the left down Eighth street at a high rate of speed, greatly in excess of twenty miles per hour. Its speed was such that in putting on the brakes the wheels skidded, leaving rubber marks on the pavement for a distance of sixty feet. The driver- of appellee\u2019s car, on perceiving an impending collision, accelerated the speed of his car to more than twenty miles per hour in order to avoid the collision, but to no avail. Appellants\u2019 car struck appellee\u2019s car, crashing it against the curb and rolling it over.\nAppellants contend that the moment the driver of appellee\u2019s car exceeded the speed limit of twenty miles per hour, he became guilty of negligence per se and the same is the direct and proximate cause of the collision for which appellee cannot recover.\nAppellee contends that an emergency was created by appellants\u2019 negligence in driving his car at a high rate of speed, and that the driver of appellee\u2019s car was placed in a perilous situation, and that his conduct in accelerating the speed of his car beyond twenty miles per hour was that of a prudent person done for the purpose of avoiding the collision, if possible.\nAppellants have alleged several errors growing out of the findings and conclusions made by the court, and the requested findings refused by the court. In disposing of these it will only be necessary to consider the findings and conclusions made by the court, for if they be supported by substantial evidence and be correct in law, the court could not-have done otherwise than refuse the requested findings.\nThe court\u2019s finding No. 3 is in reality a mixed finding of fact and conclusion of law. It is:\n\u201cThat at the time of the collision the driver of plaintiff\u2019s automobile had the right of way and was driving in a skillful manner, so as to avoid the collision, and not exceeding twenty miles per hour when he saw defendants\u2019 car approaching at a high rate of speed, and in order to avoid the collision accelerated the speed of plaintiff\u2019s car, not to exceed twenty-three miles per hour, but was unable to avoid the accident;\n\u201cThat an emergency was created by the defendants\u2019 negligence in driving his car at a high rate of speed, greatly exceeding twenty miles per hour, and that the driver of the plaintiff\u2019s car was placed in a perilous situation, and that his conduct in accelerating the speed of his car was that of a prudent person, under the circumstances.\u201d\nThe record discloses substantial evidence to support the foregoing findings, and as this court has repeatedly held, they will not be disturbed upon appeal.\nIt remains but to apply the law to the foregoing findings. Appellants are in error in their contention in assuming that the driver of appellee\u2019s car was guilty of negligence per se in accelerating the speed of his car in an endeavor to thereby avoid a collision. The court found or concluded that an emergency was created by the negligence of the driver of appellants\u2019 car at a high rate of speed, thereby placing the driver of appellee\u2019s car in a perilous position through no fault of his own. We apprehend the law to he well settled that under such circumstances an endeavor upon the part of the driver of appellee\u2019s car to avoid the impending collision, although such endeavor results in the violation of a traffic ordinance, does not make such driver guilty of negligence or contributory negligence and destroy the right of recovery. Mayer v. Mellette, 65 Ind. App. 54, 114 N. E. 241; City of Indianapolis v. Pell, 62 Ind. App. 191, 111 N. E. 22; Calahan v. Moll, 160 Wis. 253, 152 N. W. 179, L. R. A. 1916A, 744; Pilgrim v. Brown, 168 Iowa, 177, 150 N. W. 1; Dickinson v. Erie R. Co., 81 N. J. Law, 464, 81 A. 104, 37 L. R. A. (N. S.) 150; Lemay v. Springfield Street R. Co., 210 Mass. 63, 96 N. E. 79, 37 L. R. A. (N. S.) 43, and exhaustive notes; Rheinboldt v. Fuston, 34 N. M. 146, 278 P. 361, 362.\nFinding no error, the judgment of the lower court will be affirmed and the cause remanded. It is so ordered.\nWATSON and PARKER, JJ\u201e concur.\nBICKLEY, C. J., and SIMMS, J., did not participate.", "type": "majority", "author": "CATRON, J." } ], "attorneys": [ "Robert H. LaFollette, of Albuquerque, for appellants.", "Joseph Gill,- of Albuquerque, for appellee." ], "corrections": "", "head_matter": "[No. 3474.\nAug. 25, 1930.]\nMOZLEY v. RINEHART et al.\n[291 Pac. 294.]\nRobert H. LaFollette, of Albuquerque, for appellants.\nJoseph Gill,- of Albuquerque, for appellee." }, "file_name": "0164-01", "first_page_order": 192, "last_page_order": 195 }