Coombs v. Purrington
Supreme Judicial Court of Maine
Exceptions from Nisi Prius, Appleton, J., presiding. This was an action of trespass, for alleged negligence of defendant’s minor son and servant, in driving against the female plaintiff, in Main street, Topsham. The testimony was to the effect, that the accident happened while the female plaintiff was walking along in the carriage path, in the same direction in which the defendant’s horse and sleigh, driven by his minor son, were moving.
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Exceptions from Nisi Prius, Appleton, J., presiding. This was an action of trespass, for alleged negligence of defendant’s minor son and servant, in driving against the female plaintiff, in Main street, Topsham. The testimony was to the effect, that the accident happened while the female plaintiff was walking along in the carriage path, in the same direction in which the defendant’s horse and sleigh, driven by his minor son, were moving. It further appeared, that for some distance each side of the place where the accident happened, there was a plank sidewalk on one side of the street. The…
1Opinion of the CourtAppleton, J.
The requested instructions amount to this; that being in the streets where there is a sidewalk, “ would *335be such a want of care as would preclude the plaintiff from recovering.” This request was properly refused. Whether there is negligence or not, must, in each case, be determined by the peculiar and attendant circumstances. Whether there was any negligence on the part of the plaintiff, was a fact for the consideration of the jury, and was submitted to the jury under proper instructions. Bigelow v. Rutland, 4 Cush. 247; Garmon v. Bangor, 38 Maine, 443.
The Court further instructed the jury,…
2Cited by8 opinions
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- Green v. EdenIndiana Court of Appeals · 1900
- Hoagland v. CanfieldU.S. Circuit Court for the District of Southern New York · 1908
- Collins v. DodgeSupreme Court of Minnesota · 1887
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