Tinker v. Trevett

In this accident case a sedan operated by the plaintiff and a truck operated by the defendant collided in a street intersection in Bangor. Exceptions to the direction of a verdict for the defendant are sustained.

The issues are whether a jury would be warranted in finding that the defendant was negligent and the plaintiff was in the exercise of due care. In directing the verdict the presiding justice ruled that as a matter of law either the defendant was in the exercise of due care, or the plaintiff was guilty of contributory negligence, or both.

Under the familiar rule we take the evidence…