Albert Goodrich v. Roscoe H. Fuller

• Decision Date: 07 October 1925
• Citation: Albert Goodrich v. Roscoe H. Fuller, 130 A. 679, 99 Vt. 6 (Vt. 1925)
• Parties: ALBERT GOODRICH v. ROSCOE H. FULLER
• Court: Vermont Supreme Court

130 A. 679

99 Vt. 6

ALBERT GOODRICH v. ROSCOE H. FULLER

Supreme Court of Vermont

October 7, 1925

February Term, 1925.

ACTION OF TORT for negligence.Plea, general issue.Verdict and judgment for the plaintiff.Trial by jury in Caledonia County municipal court, Harry Blodgett, Municipal Judge, presiding.The defendant excepted.The opinion states the case.

Judgment affirmed.

Present WATSON, C. J., POWERS, TAYLOR, SLACK, and BUTLER, JJ.

OPINION

WATSON

This is an action of tort charging negligence by the defendant in so driving an automobile on the main highway leading from Cambridge Junction in the town of Cambridge, to Johnson, on or about September 16, 1923, that it collided with and damaged the plaintiff's automobile which was being driven by him over the same highway in the opposite direction.It appeared that at the time of the accident the plaintiff was driving his car to the extreme right of the center of the highway which, at that place, was a state road well surfaced, smooth, and in good repair, with ample room for the passing of automobiles, the wrought portion being some twenty feet in width.

At the close of the arguments to the jury, the defendant verbally requested the court to charge that if the plaintiff, at the time of the accident, could have avoided it in any way reasonable, he should have done so regardless of any statutory law.The court declined so to charge, and defendant exc...