Hooper v. Bacon

• Decision Date: 11 September 1906
• Citation: 64 A. 950,101 Me. 533
• Parties: HOOPER v. BACON.
• Court: Maine Supreme Court

64 A. 950

101 Me. 533

HOOPER

v. BACON.

Supreme Judicial Court of Maine.

Sept. 11, 1906.

On Motion and Exceptions from Supreme Judicial Court, York County.

Action by George W. Hooper against Horace S. Bacon to recover for personal injuries sustained by the alleged negligence of defendant. Verdict for plaintiff. Motion and exceptions by defendant overruled.

The writ originally contained two counts, but during the progress of the trial the plaintiff, against the defendant's objection, was allowed to amend his writ by inserting a third count. The three counts are as follows:

"For that the plaintiff oh the 7th day of July, A. D. 1904, was driving along a highway, to wit, a public street, within the compact and built up portion of the town of York, the same being the highway leading from Long Sands, so called, to Short Sands, with a horse and carriage, and the said defendant was then and there in the possession of, and driving, operating, and moving an automobile or motor vehicle along said highway or public street, in the same direction, and coming behind the said plaintiff's team, and the said defendant then and there had the management and control of said automobile or motor vehicle; and that the said defendant carelessly and negligently drove, operated, and managed said automobile or motor vehicle along said highway at a rate of speed greater than was reasonable and proper, with regard to the traffic and use of said highway by others, and at a rate of speed so great as to endanger the life and limb of any person traveling therein, to wit, at the rate of 30 miles an hour; that said town of York made no ordinance or by-law permitting any automobile or motor vehicle to be run at a greater rate of speed than 8 miles an hour; that by reason of the negligent manner in which the defendant was then and there driving, operating, and managing said automobile or motor vehicle, and of the great rate of speed, to wit, a rate of speed greater than 8 miles an hour, which he was then and there driving said automobile or motor vehicle, and after the said defendant had been requested and signaled by the plaintiff to stop, by putting up his hand, and while the plaintiff was in the exercise of due care on his part, the defendant ran said automobile or motor vehicle against the said plaintiff, and the plaintiff was thereby thrown with great force to the ground, and severely bruised and injured about the head, back, spine, arm, body, and legs, and otherwise bruising and injuring him, and permanently disabling him from future labor and employment, causing him to suffer great pain in body and mind from which he is not likely to recover, and causing him great expense, which he has incurred and has yet to incur, for medical attendance, advice, medicine and nursing.

"Also for that the said plaintiff, on the 7th day of July, A. D. 1904, was driving and riding his horse and carriage along a public high way in the town of York in said county, using due care; that said public highway leads from Long Sands, so called, in said town of York, to Short Sands, so called, in the town of York, and said plaintiff was driving from said Long Sands to said Short Sands; that said defendant was then and there driving and operating an automobile or motor vehicle along said public highway; that said town of York did not then and there permit by its ordinance or by-law a greater rate of speed than 8 miles an hour; that said highway from said Long Sands to said Short Sands is within the compact part of said town of York; that the said defendant was then and there driving said automobile or motor vehicle at a rate of speed greater than 8 miles an hour, to wit, at the rate of 30 miles an hour; that said defendant was then and there driving said automobile or motor vehicle at a rate of speed greater than was reasonable and proper, having regard to the...