Foster v. Goddard
Supreme Judicial Court of Maine
On Report from Nisi Prius, Hathaway, J., presiding. Thes'e were two actions on the case to recover damages sustained by a collision of carriages in the highway, alleged to have happened through the fault of the defendant; the first for damage to plaintiff’s property, the second for injury to his wife.
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On Report from Nisi Prius, Hathaway, J., presiding. Thes'e were two actions on the case to recover damages sustained by a collision of carriages in the highway, alleged to have happened through the fault of the defendant; the first for damage to plaintiff’s property, the second for injury to his wife. The plaintiff’s wife and one Mrs. Foster, were riding in his chaise down one of the streets in Bangor, the horse being on a walk, when the defendant, driving the horse and wagon of one Frost, who was with him, overtook the plaintiff’s wife on the right side, overturned the chaise and threw her…
1Opinion of the CourtTenney, J.
If a party seek to recover damage for an injury done to him, by the collision of another’s carriage with his own, on the highway, and shows that he was in the exercise of ordinary care, at the time; or if not using such care, and the want thereof in no wise contributed to produce the injury; but if it was occasioned by the other party in consequence of the want of ordinary care in him, he will be entitled to recover. Kennard v. Burton, 25 Maine, 39 ; Noyes v. Shepherd & al., 30 Maine, 173; Moore v. Abbot, 32 Maine, 46.
That the injury complained of by the plaintiffs, was by a collision of the…
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