Barnes v. Bailey

• Decision Date: 05 November 1936
• Citation: 187 A. 758
• Parties: BARNES v. BAILEY.
• Court: Maine Supreme Court

187 A. 758

BARNES

v. BAILEY.

Supreme Judicial Court of Maine.

Nov. 5, 1936.

On Motion from Superior Court, Hancock County.

Action by Frank L. Barnes against Herbert W. Bailey.Verdict was for the plaintiff, and the defendant filed motion for new trial.

Motion overruled.

Argued before DUNN, C. J, and STURGIS, BARNES, THAXTER, HUDSON, and MANSER, JJ.

Blaisdell & Blaisdell, of Ellsworth, for plaintiff.

Merrill & Merrill, of Skowhegan, and John J. Connor, Jr., of Portland, for defendant.

PER CURIAM.

In this action of negligence, the jury returned a verdict for the plaintiff and the defendant filed a general motion for a new trial.

The evidence, when carefully examined, shows that on November 13, 1934, the automobile in which the plaintiff was riding, then owned and operated by his wife, collided with a truck owned and driven by the defendant in Augusta at or near the intersection of route No. 201 leading from Augusta to Waterville, and route No. 3 leading from Augusta to Belfast.The defendant admits that he saw the Barnes car coming up the Belfast road, increasing its speed as it approached the intersection and apparently coming into the main highway directly in front of him unless it slowed down or changed its course.He saw, however, another car coming from Waterville on the opposite side of the road over which he was driving, fixed his attention on it, and neglected to see the Barnes car enter the intersection until it was too late to avoid running into it.The evidence does not indicate that the car coming from Waterville threatened the defendant's safety or furnished a sufficient reason for his inattention to the approach of the Barnes car.The...