Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-09-03
DAILY KENNEBEC JOURNAL. THURSDAY, SEPTEMBER g. 1926

the occupants of the rear seat or
upon the floor of the car.
Thus there were eight passengers
IN the car on the fatal journey.
A few minutes after starting from
Portland defendant and Savage ex-
changed seats, and Savage drove the
car for the rest Of its journey, which
ended with the collision some min
utes before midnight.
The defendant was presented as a
witness by the plaintiff, and testified
| That on the Sunday before the acct
| dent, while driving this car from
| Berlin, N. H., to Lewiston, he had
trouble with it's steering gear and
| drove into a garage at Lewiston and
| had it fixed up" In answer to a
question as to how it happened that
Savage drove for him to Brunswick,
he testified, well, he asked me If he
could drive. Said it was kind of
dark and that didn't know the road
and asked me for the wheel and let
him have it."
| William B. Edwards, of Brunswick
then and now chief of police of that
town, testified that after the acct
I dent defendant informed him that he
cautioned Savage two or three times
coming from Portland about driving
too fast, or cautioned him not to
drive too fast.
In the case as printed, and in their
brief, counsel for the defense state
that the action Is conspiracy to de-
fraud the insurance carrier.
The witnesses for the PLAINTIFF were
the defendant, and relatives, friends
and an attorney for the defendant
but the jury saw and heard the wit
nesses; and of the veracity of the
witnesses and of the weight and pro-
bative force of the testimony the
jury and not this court are In:
judges.
1t needs no citation of authorities
upon this point. The plaintiff recov-
ers, if at all, because Savage did not
exercise due care in driving the cal
just before the telephone pole was
MT. The defendant, sitting at the
drivers side, and cautioning him az
to his rate of driving. made that
driver his servant or agent, and, il
such driver did not exercise due
care, his negligence is the negligence
or defendant. Again citation of au-
thorities is not requisite. "a
Our statute prescribes that in such
a case as this the deceased Is pre-
sumed to have been free from con-
tributory negligence.
Was Savage driving at a rate OF
speed that is properly termed exces
sive, and that convicts defendant OF
negligence? The telephone pole ever
II It's core or heart was somewhat
followed, CLEARED off, and the sur.
race of the earth SCARED for more
than so feet, as the flying car was
brought to stop, convinced the Jury
that Savage was negligent.
1t was probably unavoidable that
the jury were informed that de.
PENDANT was insured against loss or
account of such damages as are de-
manded. But it must be assumed
I they were properly instructed in the
premises, for no special instructions
were requested and no exceptions
were taken to such as were given
land without controlling prof that the
jury were influenced by bias or pre-
JUDGE, this court will not interiors
with their finding. New trial Is
sought, counsel urging that the YER
dict is against the evidence and the
weight of the evidence, and that the
damages are excessive.
1t cannot be had, for such a case
as this is peculiarly within the pro-
vince of jury, and because the
court cannot say that $2450 is an ex-
cessive amount. under the circurn-
stances detailed in this case.
Entry will be motion oyerruled
Judgement on the verdict.