(DOWNLOAD) "Lulu M. Martin v. John A. Kelley. Peter J" by Supreme Court of New Hampshire ~ eBook PDF Kindle ePub Free
eBook details
- Title: Lulu M. Martin v. John A. Kelley. Peter J
- Author : Supreme Court of New Hampshire
- Release Date : January 05, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The collision which gives rise to these actions occurred as the plaintiff wife (hereinafter called the plaintiff) was crossing
the highway from west to east after leaving "Dot's Restaurant," so-called, on the westerly side of the highway. Her husband
was waiting for her in an automobile on the easterly side of the highway and her minor son, according to her testimony, accompanied
her half way of the road and then ran on ahead to enter the automobile. She was struck at or just easterly of the center of
the highway. The defendant, who was proceeding southerly, testified that he saw the plaintiff approaching the highway when
he was two hundred feet away but expected her to wait until he had passed. As he described the accident, when he "got about
fifty feet from her, she made this dash out in front of me." He testified that although he turned to his left, he was then
unable to avoid striking her. The plaintiffs claimed that the defendant was traveling at an excessive speed, that he failed to keep a proper lookout, and
that he was at fault for failing to comply with the requirements of R. L., c. 119, s. 22, prescribing the conduct of an operator
approaching a pedestrian on the traveled way. These issues were all submitted to the jury. The instructions relating to speed
quoted R. L., c. 119, s. 29, as amended by Laws 1949, c. 286, s. 1, in full and dealt with the prima facie limit of fifty
miles an hour established by section 30 IV as so amended. The plaintiffs excepted to the failure of the Court to instruct
the jury with respect to the following portion of the amended section 30: "The driver of every motor vehicle shall, consistent
with the requirements of section 29, drive at an appropriate reduced speed... when approaching a hill crest...."