Shaw v. Bolton
Supreme Judicial Court of Maine
On exceptions by plaintiff. An action to recover damages for personal injuries sustained by plaintiff by being struck by defendant’s automobile while crossing Cumberland Avenue on the westerly crosswalk at its intersection with Preble Street in the city of Portland. The sole question in controversy was that of the contributory negligence of the plaintiff, the negligence of the defendant being abundantly shown by the testimony.
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On exceptions by plaintiff. An action to recover damages for personal injuries sustained by plaintiff by being struck by defendant’s automobile while crossing Cumberland Avenue on the westerly crosswalk at its intersection with Preble Street in the city of Portland. The sole question in controversy was that of the contributory negligence of the plaintiff, the negligence of the defendant being abundantly shown by the testimony. The case was tried to a jury and at the conclusion of the testimony for the plaintiff, counsel for defendant moved for a nonsuit which was granted, and plaintiff…
1Opinion of the CourtDeasy, J.
On exceptions to order of nonsuit.
From the evidence a jury would have been justified in finding the following facts: After dark on the evening of October 11, 1921 the plaintiff and her sister were walking northerly on Preble Street Portland, carrying between them a large pasteboard box containing dishes. Reaching the junction of Cumberland Avenue and Preble Street, the plaintiff looked to the right and left, saw no cars on Preble Street, two or three coming from the west on the Avenue, but none coming from the east.
They stepped off the sidewalk on to the crossing and again the plaintiff…
2Cases cited11 opinions
- Knapp v. . BarrettNew York Court of Appeals · 1915
- Aiken v. MetcalfSupreme Court of Vermont · 1916
- Driscoll v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1893
- Rump v. WoodsIndiana Court of Appeals · 1912
- Hall v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1897
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Mathes v. SchwingLouisiana Court of Appeal · 1929
- Ross v. RussellSupreme Judicial Court of Maine · 1946
- Wolfe, Admr. v. BaskinOhio Supreme Court · 1940
- Floyd v. LipkaSupreme Court of Delaware · 1959
- Cooper & Co. v. American Can Co.Supreme Judicial Court of Maine · 1931
11 more not listed; retrieve them via the Exa API.