[DOWNLOAD] "Wall v. King" by Supreme Judicial Court of Massachusetts ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Wall v. King
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 31, 1932
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

DONAHUE, J. The plaintiff had been driving his automobile in a southerly direction in a lien of slowly moving heavy traffic on the westerly half of a highway which was constructed with a black strip of macadam eight feet wide in the center and a strip of concrete ten feet wide on each side of the macadam. The defendant had been driving his automobile in a northerly direction on the easterly side of the same highway in a similar line of traffic. The road was straight and level and there was an unobstructed view in either direction for not less than six or eight hundred feet. Each driver turned to his left from the strip of concrete on which he had been driving on his right hand side of the road on to the macadam and while travelling on that portion of the highway their automobiles collided. The case is in this court on a report after a verdict for the plaintiff. There was evidence tending to show that the plaintiff's automobile had left the westerly side of the road and was proceeding on the center strip of macadam when the defendant's automobile entered that area five or six hundred feet away; that the defendant was driving at the rate of forty miles an hour and, although the plaintiff, who was in full view of the defendant, slowed down, blew his horn and finally stopped when the defendant was seventy or eighty feet distant, the defendant's automobile without changing its course proceeded at undiminished speed and struck the plaintiff's automobile in a head-on collision. The defendant testified that he did not see the plaintiff's automobile until it was fifty feet away from him, that he could have stopped his car under existing conditions within twenty or thirty feet, and that he did not apply his brakes. It is plain that there was evidence which warranted the jury in finding that the defendant's speed was greater than was reasonable and proper under the circumstances (G. L. c. 90, § 17, Walsh v. Gillis, 276 Mass. 93, 176 N.E. 802), that he made no attempt to avert an avoidable collision, and that he was negligent.

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