(DOWNLOAD) "Charles J. Lincoln v. Julian M. Tarbell" by Supreme Court of New Hampshire ~ eBook PDF Kindle ePub Free
eBook details
- Title: Charles J. Lincoln v. Julian M. Tarbell
- Author : Supreme Court of New Hampshire
- Release Date : January 07, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
In support of the motions for a nonsuit and a directed verdict it is argued that there is no evidence of the defendant's negligence
since the defendant maintained a proper lookout, traveled at a reasonable speed, sounded his horn and made an effort to avoid
the accident. The jury was not required to find such conduct to be as careful and reasonable as the defendant said it was
(Owen v. Dubois, 95 N.H. 444 ) but if they did, it would not preclude a finding of negligence in other respects. O'Brien v.
Public Service Company, 95 N.H. 79. The defendant made no attempt to reduce his speed or apply his brakes, even slightly,
although it was apparent that the plaintiff was continuing on a straight course across the highway. Whether this conduct was
negligent was properly submitted to the jury. Martin v. Kelley, 97 N.H. 466. Insofar as the defendant's negligence is concerned
the motions were properly denied. Colburn v. Normand, 96 N.H. 250. There was evidence of the plaintiff's contributory negligence in not looking, seeing or being aware of the defendant's approaching
automobile. The record shows that (1) the defendant was actually aware of plaintiff's intention to cross the road, (2) the
defendant was actually aware that the plaintiff was ignorant of his peril. Finally the jury could find that (3) due care required
and time afforded an opportunity for saving action by the defendant after discovery of the situation. Thus the three essential
elements of the last clear chance doctrine were present. Clark v. Railroad, 87 N.H. 36, 38. Hamlin v. Roundy, 96 N.H. 123.
The "last chance doctrine is therefore available to meet the claim of his[plaintiff's] preliminary negligence in entering
the danger zone as he did." LaPolice v. Austin, 85 N.H. 244, 245. The present case is unlike Davis v. Lord, 95 N.H. 237, where
the pedestrian entered the highway at a point where the defendant had no reason to anticipate his approach. The denial of
the motions for a nonsuit and a directed verdict on the basis of the plaintiff's contributory negligence was proper since
the jury could find the defendant liable even if the plaintiff was negligent.