Am. Mut. Liab. Ins. Co. v. Witham
| Decision Date | 10 February 1925 |
| Parties | AMERICAN MUT. LIABILITY INS. CO. v. WITHAM. WITHAM v. HAZZARD. |
| Court | Maine Supreme Court |
On Motions from Superior Court, Kennebec County, at Law.
Actions, one by the American Mutual Liability Insurance Company against Louis E. Witham, and the other by Louis E. Witham against Robert P. Hazzard. Verdicts were returned for Louis E. Witham in each case. Cases consolidated and heard on motions. Motions overruled.
Argued before CORNISH, C. J., and PHILBROOK, MORRILL, WILSON, STURGIS, and BARNES, JJ.
Andrews, Nelson & Gardiner, of Augusta, for plaintiff in first case and defendant in second case.
Pattangall, Locke & Perkins, of Augusta, for defendant in first case and plaintiff in second case.
BARNES, J. Two automobiles collide, one pwned and operated by Louis E. Witham, the other owned by Robert P. Hazzard, and driven by an employee of the owner, in furtherance of his master's business.
Two suits follow. In the first, action to recover damages, wrought by the collision upon the Hazzard car, is brought by a company subrogated to the rights of Robert P. Hazzard; in the second, Mr. Witham sues Mr. Hazzard to recover the damages to the Witham car sustained in the same collision. Each is an action of negligence.
Tried upon the same evidence in the court below, the two cases are here considered together.
They involve questions of law and of fact. Of law, because the law of the road still obtains, as expressed in our statutes, and it is pertinent to suggest that, if obeyed by chauffeurs and drivers, our law of the road would render impossible such collisions as the evidence shows this may have been.
It is as follows:
"When persons traveling with a team are approaching to meet on a way, they shall seasonably turn to the right of the middle of the traveled part of it, so far that they can pass each other without interference."
The word "team" has been broadened in meaning so as to include automobiles. Bragdon v. Kellogg, 118 Me. 42, 105 A. 433, 6 A. L. R. 669.
"They shall seasonably turn," etc., means that each of the drivers of two passenger automobiles, when approaching to meet on a public road, shall turn to the right, with such promptness, in due season, in such season that neither shall be retarded in his progress by reason of the other occupying any part of such road, except the half to that other's right.
That a party was at his left of the road at the time of collision is strong evidence of carelessness is held to be law by this court, which has said further that, unexplained and uncontrolled, such position would be, not only strong, but conclusive evidence of carelessness. Neal v. Rendall, 98 Me. 69, 56 A. 209, 63 L. R....
To continue reading
Request your trial
-
Lorber v. People's Motor Coach Co.
...v. Michigan Mutual Auto Ins. Co., 224 Mich. 263, 195 N. W. 88;Butterly v. Freeman (Sup.) 188 N. Y. S. 428;American Mutual Liability Ins. Co. v. Witham, 124 Me. 240, 127 A. 719. [5] In the instant case, taking the evidence most favorable to the appellant and the legitimate inferences to be d......
-
Lorber v. Peoples Motor Coach Company
... ... 524, 113 A. 79; Ross ... v. Michigan Mutual Auto Ins. Co. (1923), 224 Mich ... 263, 195 N.W. 88; Butterly v. Freeman ... ...
-
Lyons v. United States, Civ. No. 940.
...interference". This rule, though stated in terms of "teams", is equally applicable to motor vehicles. American Mutual Liability Insurance Co. v. Witham, 1925, 124 Me. 240, 241, 127 A. 719; Bragdon v. Kellogg, 1919, 118 Me. 42, 44, 105 A. 433, 434, 6 A.L.R. 669. And the Maine court has frequ......
-
Hoch v. Doughty
...but conclusive evidence of carelessness. Neal v. Rendall, 98 Me. 69, 56 A. 209, 63 L.R.A. 668.' American Mut. Liability Insurance Co. v. Witham (1925), 124 Me. 240, 241, 127 A. 719. 'If at a corner or bend or on a straight road one car can see the other, it is a statutory duty to 'seasonabl......