Jamieson v. Lewiston-Gorham Raceways, Inc., LEWISTON-GORHAM
Decision Date | 09 February 1970 |
Docket Number | LEWISTON-GORHAM |
Citation | 261 A.2d 860 |
Parties | Philip JAMIESON et al. v.RACEWAYS, INC. |
Court | Maine Supreme Court |
Dana W. Childs, Ronald A. Wallace, Portland, for plaintiffs.
Trafton, Scales & Smith by Jack O. Smith, Auburn, for defendant.
Before WILLIAMSON, C. J., and WEBBER, MARDEN, DUFRESNE, WEATHERBEE and POMEROY, JJ.
This action in tort is before us on appeal by the plaintiff from the direction of a verdict for the defendant. The plaintiff contends that the Justice below erred in not submitting to the jury the issues of whether the defendant was negligent, and if so, whether the negligence was the proximate cause of plaintiff's injuries.
Under the familiar rule we take the evidence in the light most favorable to the plaintiff. The jury could have found as follows:
The defendant is the proprietor of a race track. The plaintiff, a driver with about six years experience, in the course of a race was thrown from his sulky into a drainage ditch. The plaintiff describes the accident in these words:
'Q Now, do you know what caused this horse to go through the rail?
'A Well, the only reason I know, she was chocking.'
The rail, known as a 'hub rail' and almost twenty inches high, was on the inside of the track.
The plaintiff further testified:
'Q Have you while in your experience driving horses, have you gone through the hub rails before?
'A Oh, yes.
'Q And what happened in the past when you've gone through a hub rail?
The plaintiff urges that the defendant was negligent in maintaining a drainage ditch about four feet in width and from two to six feet deep at the place of the...
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