The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1918-06-16


Train-It is not negligence per Sc
to cross in front OF a moving train
when the distance and the speed
OF the train are such as not to rem,
der the crossing unsafe.-2E F
GU. S. 8.
Contract to Repair-Where plain
tiffs contracted to put defendant
automobile in good running order
putting it in fair condition" wa:
not performance of the contract
269 N. Y. s. II.
Recovery Tor Collision-To re-
cover for injuries to his motor car
which was run down by the Car OF
defendant, plaintiff must show that
damages occurred solely through
negligence of the defendant, and
without any contributory negligence
on his part-l69 N. Y. S. 1888.
Driving in Dense Fog-To drive
4 motor car at rate of twelve
miles an hour in fog so dense
that the driver could not see beyond
the hood or distinguish another
car, although the street was illum-
mated by lanterns about IS feet
apart, is negligence as a matter Of
law.-l69 N. Y. S. 1888.
Failure to Turn to Right in Pass
ing-If plaintiff, driving a buggy
on a dark night, occupied the mid
die of the road when lights were so
located that he could sec the ap-
proach of defendant at high rate
of speed, and made no attempt 20
turn to the right and gave no no
tice of his presence, he was negii-
gent.-95 S. f. On. c. 36.
Storage of Automobile-An auto
mobile was stored with the owner
of garage at an agreed price for
care and storage. The defendants S
night man in charge of the garage
took the automobile out for his
own purposes, and damaged it. Held
that there was breach Of the con-
tract to store, and the plaintiff was
entitled to recover-l02 A. On. j.
$50.
Obstructing View of Rear Light.
Where plaintiffs motor car was
stopped when rear chain broke
and wound around the axle, find
ing that plaintiff was guilty of con-
tributory negligence is erroneous,
where based on testimony that one
who attempted to remove the chain
might have interposed his body be-
tween the tail light and the follow
ing vehicle in so doing-l69 N. Y.
s. 1888.
Stopping in Center of Street
Where without fault on his part,
the rear chain on his motor car
broke and wound around the axle,
thus stopping the car, the owner of
the car cannot be deemed guilty of
contributory negligence because the
car was stopped out in the portion
of the street used for traffic. in
stead of close to the curb.-l69 N.
Y. s. 1888.
Unaware that Speed Was Exces-
sive-Under ordinances of a city
providing that no person shall op-
crate, and no owner thereof riding
therein shall cause or permit to be
operated. any automobile at a reck-
less or dangerous speed, etc, where
. @f ~
therein was engaged in converse
ton with his wife, and was unaware
of any violation of the ordinance
by his chauffeur, there was reason
able doubt as to his guilt, and his
will be reversed.-l69 n.
Y. s. 100.
Trees and Bushes Obstructing
View of Crossing-While Laws 1913
c. rs, section /, makes it the duty
of the public service commission
after hearing to make such orders
for the protection Of railroad
crossing as in its opinion the pub
lie good MAJ reasonably require,
and it is the duty of railroad cor
porations to comply Herewith, the
mere consideration by the commits
sion of the propriety of directing
the cutting of trees and bushes for
protection OF travellers on 4 cross
ing casts no burden on the railroad
and so in crossing acci-
dent case is not admissible in evil
A. On. H. SS2.
Parking Regulation-P. /. 1915,
D. 2o5, known as the State Traffic
Act, prohibits the passing of ordi-
lances by cities, etc. on any mat
.er covered by the act. but ordi
nances may be passed providing
'or regulations, which apply to spe-
,ial conditions, when approved by