Pease v. Gardner
Supreme Judicial Court of Maine
On report. This is an action on the case to recover damages against the defendants for personal injuries by reason of the negligent operation of an automobile by the defendant Arthur L. Herrick, acting as chauffeur. Each defendant separately pleaded the general issue.
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On report. This is an action on the case to recover damages against the defendants for personal injuries by reason of the negligent operation of an automobile by the defendant Arthur L. Herrick, acting as chauffeur. Each defendant separately pleaded the general issue. At the conclusion of the evidence, the case was reported to the Law Court, with the consent of the parties, and upon the evidence mentioned in the agreed statement of the parties; the Law Court to decide all questions of law and fact involved in the case. The case is stated in the opinion.
1Opinion of the CourtCornish, J.
On September 7, 1912, the plaintiff was injured by a collision between a wagon in which he was riding and an automobile, driven by the defendant Herrick as chauffeur and in which the defendant Gardner was a passenger.
The plaintiff’s team was being driven by his father, and was standing near the platform of a store in the town of Hope and about ten feet behind the automobile. Mr. Gardner and others came from a hall over the store in which a public meeting had been held, entered the machine and, in starting, the chauffeur suddenly backed the automobile against the plaintiff’s horse, frightened…
2Cases cited1 opinion
- Janik v. Ford Motor Co.Michigan Supreme Court · 1914
3Cited by13 opinions
- Bowen v. Gradison Construction CompanyCourt of Appeals of Kentucky (pre-1976) · 1930
- Brawner v. HooperCourt of Appeals of Maryland · 1926
- Boyce v. Maine Public Service Co.Supreme Judicial Court of Maine · 1951
- Embry v. Reserve Natural Gas Co.Louisiana Court of Appeal · 1929
- McCarthy v. City of St. PaulSupreme Court of Minnesota · 1937
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