Peterson v. Flaherty

• Decision Date: 18 July 1929
• Citation: 147 A. 39
• Parties: PETERSON v. FLAHERTY.
• Court: Maine Supreme Court

147 A. 39

PETERSON

v. FLAHERTY.

Supreme Judicial Court of Maine.

July 18, 1929.

Report from Supreme Judicial Court, Cumberland County.

Action by Christian O. Peterson against Patrick Flaherty.On report to the Supreme Judicial Court.Judgment for defendant.

Argued before WILSON, C. J., and DUNN, DEASY, STURGIS, BASSETT, and FARRINGTON, JJ.

Israel Bernstein, of Portland, for plaintiff.

J. E. F. Connolly, of Portland, for defendant.

WILSON, C. J.An action to recover damages for injuries to the plaintiff's automobile, resulting from a collision with a truck driven by a servant of the defendant.

The collision occurred at the Intersection of Exchange and Federal streets in Portland, the defendant's truck entering the intersection of the two streets on the plaintiffs left.The plaintiff relies on chapter 9, Pub. Laws 1923, as establishing the defendant's negligence.The case is before this court on report.

We think the preponderance of the evidence warrants the finding of the following facts.The plaintiff was driving southerly along Exchange street from Congress street at from 12 to 15 miles per hour, and as he approached the Intersection of Exchange street with Federal street—the two streets intersecting at approximately right angles— he blew his horn when about 20 feet from the northerly line of Federal street.As he approached the intersection of these streets, a Ford coupe passed him, going in the same direction, and turned easterly into Federal street, which may have in some degree obscured his vision of Federal street on his left, but not sufficiently, if he had been observing the traffic on his left, to shut off his view of the defendant's truck.

Before the plaintiff's car entered the traveled part of Federal street at all, according to the testimony of the plaintiff's own witness who was riding with him at the time, the defendant's truck, proceeding at the rate of. 8 to 10 miles per hour, had entered Exchange street, and had nearly reached the center line of the intersection of the two streets.The plaintiff, however, continued on, and, it at once becoming apparent that a collision was inevitable, turned to the right, but too late to avoid the collision, the front end of plaintiff's car striking the defendant's truck just back of or near the door of the cab.The collision occurred near the southwesterly corner of the square formed by the intersection of the side lines of the two streets.

The somewhat greater rate of speed at which the plaintiff's car was going and the fact that it struck the defendant's truck just back of...