[DOWNLOAD] "Emma F. Cole v. Lewis A. Morse. Frank H" by Supreme Court of New Hampshire " eBook PDF Kindle ePub Free

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eBook details

• Title: Emma F. Cole v. Lewis A. Morse. Frank H
• Author : Supreme Court of New Hampshire
• Release Date : January 25, 1931
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

The collision occurred at the top of a hill on the Newburyport turnpike, between the defendant's Pontiac sedan going north and a roadster of the same make coming in the opposite direction. The defendant was driving his own car. The plaintiff, Emma, who will hereinafter be referred to as the plaintiff, was riding beside him and the defendant's wife occupied the rear seat. At some time before the accident, while the defendant was traveling at a speed of twenty-five miles per hour, a Ford roadster overtook and passed them at a high rate of speed which was the subject of remark. At that time the defendant inquired of the plaintiff ""Do you want to see me do it"" to which she replied, ""No; you know I don't like to drive fast."" The evidence, interpreted most favorably for the plaintiff, warranted findings of the following facts of the accident. The hill upon which it occurred was between two and three hundred yards in length. The grade was such that the driver could not see over its crest. The width of the traveled roadway was insufficient for three cars abreast. At the foot of the hill the defendant overtook another sedan traveling around twenty miles per hour, and sought to pass it. He was then driving between thirty and thirty-five miles per hour. He sounded his horn and speeded up to pass. As he got opposite the other car its driver also increased his speed, and the two cars traveled up the hill substantially alongside. The defendant tried to gain on the other car but could not. During this race there were no other cars on the hill. Although there was opportunity to fall in behind the other car the defendant kept abreast of it to the top of the hill. He drove on the extreme left side of the road. As he reached the crest he saw the Pontiac roadster approaching from the north too late to avoid a collision, which occurred head-on, notwithstanding his effort to avoid it by applying his brakes and swinging to the left as far as possible. The defendant was an experienced driver, and knew that the Newburyport turnpike was a very dangerous road with heavy traffic at times. As he was proceeding up the hill his attention was expressly directed to what he was doing by the plaintiff, who was frightened and said to to him, ""You don't hesitate to pass a car on a hill."" He made no reply and the plaintiff offered no further objection. Immediately following the accident the defendant was arrested and pleaded guilty to a charge of negligent driving and paid a fine imposed therefor.

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