[Download] "Williams v. Maryland" by Court Of Appeals Of Maryland * Book PDF Kindle ePub Free
eBook details
- Title: Williams v. Maryland
- Author : Court Of Appeals Of Maryland
- Release Date : January 15, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Action for damages arising from an automobile collision. Verdict for the plaintiff for $970. The case comes up on defendants motion for new trial and on exceptions to refusal of presiding Justice to give an instruction to the jury requested by the defendant. The accident occurred in the town of Dayton on July 24, 1941, on the northerly side of highway designated as Route #5 and near its intersection with a gravel road known as the Gordon road. Route #5 is a black surfaced tarvia road 21 feet wide running approximately east and west, from Waterboro to Saco. The Gordon road is of gravel, approximately 14 feet wide, and converges into Route #5 from a southeasterly direction. The lower or southerly line of the Gordon road approaches Route #5 on a long slant at an angle of approximately 45 degrees. The upper or northerly side of the Gordon road, however, is snubbed off short at approximately a right angle. The area thus created forms a long triangle which merges into Route #5 and is all of tarvia surface. There is a stop sign on the southerly side of the Gordon road near the base of the triangle. This sign is 152 feet from the point where the southerly line of Gordon road actually reaches Route #5. The plaintiff, following the natural course of travel, would reach the projected lower or southerly side of Route #5 in a distance of about 90 feet. He testified that he stopped at the stop sign, looked in a westerly direction and saw no car approaching. He then proceeded in low gear to the projected side line of Route #5, when he saw the defendants truck traveling easterly and at a point which, measured on the plan (an exhibit in the case), was then 160 feet away. He continued across to the northerly side of Route #5 and was in his right hand lane when the truck of the defendant, loaded with two tons of ice, crossed diagonally in front of him and collided, twisting both front fenders and headlights to the right and sheering off the front bumper of his car. The truck then continued onto the lawn of adjoining property, cutting deep furrows therein. Marks on the road showed that the brakes of the defendants truck were applied with force over a stretch of 65 feet. The damage to the truck, as shown by a photographic exhibit, was to the right front fender and wheel, which were practically demolished.