Moulton v. Sanford & Cape Porpoise Railway Co.
Supreme Judicial Court of Maine
On motion for a new trial by defendant. Case to recover damages for personal injuries sustained by the plaintiff through the alleged negligence of the defendant. Verdict for plaintiff for $1644. Defendant filed a general motion for a new trial, and also a motion for a new trial on the ground of newly discovered evidence. The latter motion was not considered. The case is stated in the opinion.
1Opinion of the CourtSpear, J.
This is an action on the case to recover damages for personal injuries sustained by the plaintiff through the alleged negligence of the defendant in running its electric car at an unreasonable rate of speed, in approaching, in the opposite direction, the plaintiff with his team, thereby frightening the plaintiff’s horse and causing the injuries of which he complains.
No rule of law is better settled in this state than the one which declares that, if a person, by his own negligent acts, contributes to the accident in which he is injured, he cannot recover for the injuries so received. We think…
2Cases cited3 opinions
- Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
- Flaherty v. HarrisonWisconsin Supreme Court · 1898
- Badger v. Janesville Cotton MillsWisconsin Supreme Court · 1897
3Cited by8 opinions
- Jordan v. Portland Coach Co.Supreme Judicial Court of Maine · 1954
- Spang v. CoteSupreme Judicial Court of Maine · 1949
- Montgomery Ward & Co. v. ArbogastWyoming Supreme Court · 1938
- Sanborn v. StoneSupreme Judicial Court of Maine · 1954
- Arnst v. EstesSupreme Judicial Court of Maine · 1939
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