Robichaud v. St. Cyr
| Decision Date | 13 July 1954 |
| Citation | 150 Me. 168,107 A.2d 540 |
| Court | Maine Supreme Court |
| Parties | ROBICHAUD v. ST. CYR. |
John A. Platz, Lewiston, for plaintiff.
Locke, Campbell, Reid & Hebert, Augusta, for defendant.
Before FELLOWS, C. J., and WILLIAMSON, TIRRELL, WEBBER, BELIVEAU and TAPLEY, JJ.
This is an action for alleged negligence brought by the plaintiff Elmira Robichaud a passenger in a car driven by the defendant Napoleon St. Cyr. The case was heard in the Superior Court for Kennebec County and verdict was for the plaintiff in the sum of $14,250. It comes to the Law Court on defendant's exceptions to the refusal to direct a verdict, motion for new trial, and defendant's exceptions to allowance by the presiding Justice of plaintiff's motion to increase the ad damnum of the writ.
On November 9, 1952, the plaintiff was riding with the defendant in an automobile on a State highway near Mechanics Falls, and was severely injured as the result of a collision between the defendant's automobile in which she was riding and another automobile coming from the opposite direction.
Before the trial of the pending case, the plaintiff had received the sum of $4,250 from the driver of the second vehicle in return for a covenant not to sue. This payment was set up by brief statement of the defendant in the pending case, and the presiding Justice instructed the jury that its verdict in the pending case, if for the plaintiff, would be subject to a credit for the sum of $4,250.
The evidence shows that the defendant was following a State Police car along the highway and on his right side of the road. At a point in the road on a curve, the second car coming in the opposite direction, passed the police car which was stopping on the right shoulder of the road. The highway was wet in some places, and at other places snow covered and slippery. The police car was about 100 yards ahead of the defendant St. Cyr's car. Before the second car passed the police car, it started to skid and the police car stopped, or nearly stopped, on the right shoulder to permit it to pass. The second car went by the police car and, according to a witness, was skidding from side to side on the slippery way. The defendant continued at his previous speed of about 30 miles an hour. The second car at a speed of about 40 miles an hour, went over the center line of the highway and crashed into the defendant's car. During the time that the second car started out of control, as it was about to pass or was passing the police car, until the time it crossed the center line and against the defendant's car, the plaintiff passenger warned the defendant driver several times of impending danger from the skidding and approaching car, but the defendant driver did not stop, and continued as before on his right side of the road and at about the same speed.
Before the close of the trial the plaintiff moved to increase the ad damnum of her writ from $10,000 to $14,250 which was granted, subject to objection and exceptions by defendant. No continuance was asked for. At the close of the testimony the defendant moved for a directed verdict which was denied. The defendant took exceptions. The verdict was a substantial one, but the defendant raises in argument no question that it was excessive. The injuries were severe and the expenses large.
The allowance of an amendment to the ad damnum of a writ has long been considered as within the judicial discretion of the presiding Justice, under such terms, if any, as the Court may order. It might of course be possible, under some circumstances, for such an unreasonable amendment to be allowed that discretion could be considered as abused. The defendant should have a continuance, if a continuance is asked for and conditions require. We see here no abuse, and no continuance was requested. True, the defendant objected to the allowance but no reasons are stated in the record. See Merrill v. Curtis, 57 Me. 152; Hare v. Dean, 90 Me. 308, 38 A. 227; McLellan v. Crofton, 6 Me. 307; Bartlett v. Chisholm, 147 Me. 265, 86 A.2d 166; Collin v. Sherman, 147 Me. 317, 87 A.2d 504; Bolster v. Inhabitants of China, 67 Me. 551,...
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Williams v. Kinney
...including every justifiable inference, different conclusions may be fairly drawn from the evidence by different minds. Robichaud v. St. Cyr, 150 Me. 168, 170, 107 A.2d 540; Howe v. Houde, 137 Me. 119, 15 A.2d 740; Collins v. Wellman, 129 Me. 263, 151 A. It is only where the evidence is such......
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Garland v. Wilcox
...Colliding with Vehicle Approaching in Wrong Lane, 47 A.L.R.2d 7 (1956). The rule may be illustrated by reference to Robichaud v. St. Cyr, 1954, 150 Me. 168, 107 A.2d 540. There the evidence showed that defendant was following a state police car along a wet and slippery highway. Defendant wa......
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Portland Flying Service, Inc. v. Smith
...including every justifiable inference, different conclusions may be fairly drawn from the evidence by different minds. Robichaud v. St. Cyr, 150 Me. 168, 170, 107 A.2d 540; Howe v. Houde, 137 Me. 119, 15 A.2d 740; Collins v. Wellman, 129 Me. 263, 151 A. 422. In other words, does the evidenc......
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Olsen v. French
...prudent person under the existing circumstances. Tinker v. Trevett, 155 Me. 426, 156 A.2d 233 (1959). See also Robichaud v. St. Cyr, 150 Me. 168, 107 A.2d 540, 542 (1954). Violations of in limine Prior to trial, the presiding justice granted two of the plaintiffs' motions in limine. He rule......