Neal v. Rendall
Supreme Judicial Court of Maine
On exceptions by defendant. Action on the case to recover damages for personal injuries sustained by the plaintiff and caused by the alleged negligence of the defendant whose vehicle collided with that in which the plaintiff was riding, on a public street in Auburn. The testimony showed that the plaintiff, sixty-eight years of age, was riding in a light carriage with her husband, and that the horse was his. The husband, who was seventy-two years of age, was driving.
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On exceptions by defendant. Action on the case to recover damages for personal injuries sustained by the plaintiff and caused by the alleged negligence of the defendant whose vehicle collided with that in which the plaintiff was riding, on a public street in Auburn. The testimony showed that the plaintiff, sixty-eight years of age, was riding in a light carriage with her husband, and that the horse was his. The husband, who was seventy-two years of age, was driving. At the time of the collision which resulted in the injuries complained of, the plaintiff and her husband were traveling south on…
1Opinion of the CourtEmery, J.
The first request for instruction is based upon the factual hypothesis that there was not sufficient' time for the defendant to turn and reach the right of the middle of the road after he first saw the plaintiff approaching. It does not appear, however, from the bill of exceptions that there was any evidence in support of the hypothesis. Hence the request does not appear to have been applicable to the case, and its refusal does not appear to have prejudiced the defendant.
The second request is based on the factual hypothesis that the defendant’s team did not run into that of the plaintiff.…
2Cited by7 opinions
- In re Allowance of Last Will of ReedSupreme Judicial Court of Maine · 1951
- Larson v. New England Telephone & Telegraph Co.Supreme Judicial Court of Maine · 1945
- CrockettSupreme Judicial Court of Maine · 1951
- Hutchins v. EmerySupreme Judicial Court of Maine · 1936
- EastmanSupreme Judicial Court of Maine · 1937
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