Brody v. Gilbert

• Decision Date: 03 November 1925
• Citation: 131 A. 142
• Parties: BRODY v. GILBERT.
• Court: New Hampshire Supreme Court

131 A. 142

BRODY

v. GILBERT.

Supreme Court of New Hampshire. Coos.

Nov. 3, 1925.

Transferred from Superior Court, Coos County; Sawyer, Judge.

Case for personal injuries by Charles Brody against John Gilbert. Verdict for plaintiff, and case transferred on defendant's exceptions to charge. Exceptions sustained. New trial.

Ovid J. Coulombe, of Berlin, for plaintiff.

Shurtleff, Oakes & Hinkley and Eri C. Oakes, all of Lancaster, for defendant.

SNOW, J. Pleasant street, running north and south, crosses Mechanic street at right angles. The defendant, driving his car southerly upon Pleasant street, hit the plaintiff while crossing that street on foot at a point about 32 feet southerly of its intersection with Mechanic street. The plaintiff's evidence tended to show that the defendant neither slowed down his car nor sounded his horn on approaching this intersection as required by a provision of Laws 1915, c. 129, § 7 (amending section 12, c. 133, Laws 1911), viz.:

"Upon approaching any intersecting way or a curve or corner in a way, every person operating a motor vehicle shall slow down and give timely signal with his bell, horn, or other device for signaling."

The defendant excepted to an instruction that his disobedience of the statute was a ground for recovery.

Actionable negligence is the breach of a duty owed by the defendant to the plaintiff. Where there is no duty, there is no negligence. Hughes v. Railroad, 71 N. H. 279, 284, 51 A. 1070, 93 Am. St. Rep. 518, and cases cited. The purpose of the requirements of the statute is to warn and protect travelers who may be approaching on an intersecting way, or from a curve or corner in the road where the view is obstructed. Dow v. Latham. 80 N. H. 492, 498, 499, 120 A. 258. The plaintiff was not...