(DOWNLOAD) "Charles P. Mckenna v. James R. Mcdonald" by Supreme Court of Vermont * eBook PDF Kindle ePub Free
eBook details
- Title: Charles P. Mckenna v. James R. Mcdonald
- Author : Supreme Court of Vermont
- Release Date : January 02, 1940
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This suit arises out of an automobile accident on the highway between Barre and Montpelier. Verdict and judgment were for the plaintiff and the case is here upon defendant's exceptions. Only two points are briefed. [1-3] At the close of all the evidence the defendant moved for a directed verdict on the ground that ""upon the uncontradicted evidence it appears that the collision between the McKenna automobile and the defendant's automobile occurred on the defendant's right of the center of the travelled highway."" To the overruling of this motion the defendant excepted. This motion was properly overruled for two reasons. First, as we have repeatedly held, the evidence in such cases must be taken most favorably for the plaintiff, and there is evidence from which the jury might have found that the collision occurred on the plaintiff's right of the center of the travelled highway. Second, even if the collision occurred on the defendant's right of the center of the highway that fact alone does not bar recovery in the absence of an allegation that the plaintiff's conduct was a proximate cause of the accident. It is not sufficient to merely show a violation of the law of the road. It is also necessary to show that such violation forms a proximate cause of the accident. Shea v. Pilette, 108 Vt. 446, 453 , 189 Atl. 154, 109 A. L. R. 933; Rule v. Johnson, 104 Vt. 486, 490, 162 Atl. 383; Hatch v. Daniels, 96 Vt. 89, 92, 117 Atl. 105.