Luce v. Chandler, No. 1635.

Docket NºNo. 1635.
Citation195 A. 246
Case DateNovember 12, 1937
CourtUnited States State Supreme Court of Vermont
195 A. 246

LUCE
v.
CHANDLER.

No. 1635.

Supreme Court of Vermont. Washington.

Nov. 12, 1937.


195 A. 246

Exceptions from Washington County Court; John S. Buttles, Judge.

Suit by F. C. Luce against C. P. Chandler. Verdict and judgment for defendant. On plaintiff's exceptions.

Judgment reversed, and cause remanded.

Argued before POWERS, C. J., SLACK, MOULTON, and SHERBURNE, JJ., and SHERMAN, Superior Judge.

Finn & Monti, of Barre, for plaintiff. A. C. Theriault, of Montpelier, and Wilson, Carver, Davis & Keyser, of Barre, for defendant.

SHERMAN, Superior Judge.

The plaintiff brought suit for injuries suffered by him in an automobile accident that occurred on February 18, 1935. Verdict and judgment for defendant, and exceptions saved by plaintiff.

The location of the accident was upon the main highway between Burlington and Montpelier where it runs nearly north and south a short distance southerly of the village of Richmond and by the dwelling of one Whitcomb, and at a spot very nearly in front of said dwelling. The defendant was driving southerly along the highway, and the automobile in which the plaintiff was riding was pursuing a northerly course with a young man by the name of Scribner at the wheel.

This highway is nearly straight for some distance in both directions from the Whitcomb house, and from the north there is a

195 A. 247

slight rise some 3 feet going towards the house a distance of 400 feet and after passing this rise, which is at a level for 100 feet, the road drops 16 feet in a distance of 400 feet, then goes on southerly for several hundred feet practically at a level. It results from this change of grade that the occupants of an automobile going north over an undetermined portion of the highway south of the house cannot see an automobile coming from the north towards them when the latter is on a certain portion of the highway north of the house, and, conversely, the occupants of the automobile coming from the north cannot see the automobile coming from the south for a distance.

Upon the day of the accident there was some ice in the highway. It was thawing and portions of the highway were bare. The evidence of the manner in which the accident happened as given by the defendant was in effect that as he was driving southerly from the village of Richmond he overtook another car driven by one Overrocker, and as he came into a straight strip of road he gave a signal to pass and looked ahead to see if the road was clear and saw no one; that he was then driving about forty miles an hour; that Overrocker turned to his right, but as defendant tried to pass the former went faster and defendant, in order to pass, increased his speed to about fifty miles per hour; that he did not know of the dip in the road, but as he approached it he saw plaintiff's car coming on its own side of the road. Defendant immediately applied his brake; his car switched to the right and to keep from hitting the Overrocker car he pulled to the left and went into the ditch, so that his car was about at right angles to the road with the front of the car in the left ditch and extending about half its length in the highway, and while in this position the Luce car struck his. He also stated he did not think the Luce car was traveling very rapidly when he first saw it; that he did not see the Luce car skid and did not know what happened to the Overrocker car.

Mr. Scribner, who was driving the car plaintiff was riding in, testified in substance that he was traveling on his side of the road going northerly at about 20 to 25 miles per hour when he saw the Overrocker car on his left approaching; that he hoard a call for the road and the defendant pulled up in back and attempted to pass the Overrocker car directly ahead of him; that the defendant had apparently applied his brakes; that defendant's car swung to his right and then to the left and then to the right again; that the forward wheels seemed to hang right over a cement culvert and switched directly into him striking his front wheel; that when he saw the Chandler car in his path he took his foot off the accelerator and did not apply his brake because of the slippery condition of the road; that he had seen what effect this had on defendant's car putting defendant's car out of control; that the defendant was coming on his right and that his only chance was to pull in back of the Overrocker car as it went by him; that he tried to pull his car in between the other two cars. He stated at the time the cars came together his...

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5 practice notes
  • Westcom v. Meunier, No. 93-559
    • United States
    • Vermont United States State Supreme Court of Vermont
    • January 12, 1996
    ...851, 854 (1960) (same); Gregoire v. Willett, 110 Vt. 459, 464, 8 A.2d 660, 662-63 (1939) (same); Luce v. Chandler, 109 Vt. 275, 281-82, 195 A. 246, 248-49 (1937) (same) Healy, Admr. v. Moore, 108 Vt. 324, 339-40, 187 A. 679, 686 (1936) (same); Mattison v. Smalley, 122 Vt. 113, 119, 165 A.2d......
  • French v. Nelson, No. 1682.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • January 7, 1941
    ...109 Vt. 505, 507, 1 A.2d 693) and where the road ahead cannot be seen to be clear of approaching traffic. Luce v. Chandler, 109 Vt. 275, 195 A. 246. While this rule is not hard and fast, to be invariably applied in all circumstances (Chaffee v. Duclos, 105 Vt. 384, 386, 166 A. 2; Palmer v. ......
  • Young v. Lamson, No. 850
    • United States
    • Vermont United States State Supreme Court of Vermont
    • May 3, 1960
    ...Page 876 It may be inferred from the conduct of the parties and may arise from a single transaction. Luce v. Chandler, 109 Vt. 275, 280, 195 A. 246; State v. Kempesti, 102 Vt. 152, 159, 147 A. [121 Vt. 478] Beyond this, the proof of the plaintiff's ownership of the vehicle involved in the a......
  • Kent v. Smith, No. 175
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • December 11, 1968
    ...adequate control was not maintained. The wording of these requests is taken verbatim or in substance from Luce v. Chandler, 109 Vt. 275, 195 A. 246 (1937) and Verchereau v. Jameson, 122 Vt. 189, 167 A.2d 521 It would suffice to say that in view of the scope and accuracy of the instructions ......
  • Request a trial to view additional results
5 cases
  • Westcom v. Meunier, No. 93-559
    • United States
    • Vermont United States State Supreme Court of Vermont
    • January 12, 1996
    ...851, 854 (1960) (same); Gregoire v. Willett, 110 Vt. 459, 464, 8 A.2d 660, 662-63 (1939) (same); Luce v. Chandler, 109 Vt. 275, 281-82, 195 A. 246, 248-49 (1937) (same) Healy, Admr. v. Moore, 108 Vt. 324, 339-40, 187 A. 679, 686 (1936) (same); Mattison v. Smalley, 122 Vt. 113, 119, 165 A.2d......
  • French v. Nelson, No. 1682.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • January 7, 1941
    ...109 Vt. 505, 507, 1 A.2d 693) and where the road ahead cannot be seen to be clear of approaching traffic. Luce v. Chandler, 109 Vt. 275, 195 A. 246. While this rule is not hard and fast, to be invariably applied in all circumstances (Chaffee v. Duclos, 105 Vt. 384, 386, 166 A. 2; Palmer v. ......
  • Young v. Lamson, No. 850
    • United States
    • Vermont United States State Supreme Court of Vermont
    • May 3, 1960
    ...Page 876 It may be inferred from the conduct of the parties and may arise from a single transaction. Luce v. Chandler, 109 Vt. 275, 280, 195 A. 246; State v. Kempesti, 102 Vt. 152, 159, 147 A. [121 Vt. 478] Beyond this, the proof of the plaintiff's ownership of the vehicle involved in the a......
  • Kent v. Smith, No. 175
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • December 11, 1968
    ...adequate control was not maintained. The wording of these requests is taken verbatim or in substance from Luce v. Chandler, 109 Vt. 275, 195 A. 246 (1937) and Verchereau v. Jameson, 122 Vt. 189, 167 A.2d 521 It would suffice to say that in view of the scope and accuracy of the instructions ......
  • Request a trial to view additional results

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