132 Me. 234 | Me. | 1933
This action was brought by the plaintiff, as administratrix of the estate of her late husband, (who died intestate), to recover damages for personal injuries sustained by him, on February 18,1933, as a result of having been struck by defendant’s auto
At the close of the evidence, defendant moved for a directed verdict. The motion was granted. Plaintiff excepted. Her counsel strongly urges that the evidence disclosed a case for the jury, and that the trial judge was not justified in ordering a verdict for defendant.
The court below evidently felt either that there was no ground for holding defendant responsible for actionable negligence, or, assuming the contention that plaintiff made a prima facie case, that plaintiff’s decedent, whose due care the statute, (R. S., Chap. 96, Sec. 50), because of death, presumed, had been proven to have been guilty of contributory negligence.
Upon a review of the evidence, the court arrives at the conclusion that the verdict Avas directed rightly.
The speed of the truck might have Avarranted inference of negligence. Assuming this, the proof is plenary that plaintiff’s intestate failed to use due vigilance and caution for his own safety. Contributory negligence established, plaintiff was not entitled to a verdict. Levesque v. Dumont, 117 Me., 262, 103 A., 737.
If, in the case at bar, there was, — as argument pressed upon
The jury could not properly have rendered a verdict for the plaintiff. The exception must be overruled. Levesque v. Dumont, supra; Kidney v. Aroostook Valley Railroad, 119 Me., 597, 111 A., 334.
Exception overruled.