Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1926-07-07
DRIVERS NEGLIGENCE.
Decisions on Laws Governing Use OF
Automobiles.

Decisions on Laws Governing Use OF
Automobiles.
Automobile Legal Association.)
It is impossible to include In an
article of this nature, says William
A. Thibodeau, general counsel OF the
A. L. A., more than small per-
centage of decisions relating to the
negligence of either automobflists or
those with whom they collide, Tor
the subject is one which might well
cover several hundred pages in DOCK
form. The following ILLUSTRATIONS
are merely given as guides iH a gen.
eral way:
The violation of any automobile
law or other law by an automoblllst
which contributes in any way to an
accident, is deemed to be negligence.
The failure to grant right of way
to one coming from the right, VINO,
under the present law in many
states, has the right of way, is negH-
gent, and if such failure to grant the
right contributes in any way to an
accident, the person who violates the
law cannot recover damages.
Where persons meet on mar
row road and there is not room
enough for both to pass, 1t Is negn-
gence to continue if the accident
could have been averted by stopping.
Where a pedestrian, hidden from
view of others by bridge abutment,
runs into a city street only Few
feet in front of an approaching auto
mobile, he is negligent as matter
of law and cannot recover. ~
To continue to operate an auto
mobile when the windshield is COW
cred by snow or ice to such an ex-
tent that the operators vision is not
clear, is negligent.
The running into the rear-end OF
another vehicle is generally held 10
be negligent, because one should not
run so close to another vehicle that
he cannot stop if the one ahead OF
him stops suddenly, even though tne
one ahead does not hold out MS
hand as signal
Ordinarily, negligence has been
defined to mean omission to 90
which a reasonable man
acting upon considerations which
ordinarily regulate the conduct or
human affairs would do or 1.-The do
ing of something which such man
would not do"
A guest riding with another to
whom he pays nothing for trans
portation, cannot recover Tor IN
juries received growing out OF the
ordinary negligence of his host, but
IL the guest is killed, his estate may
recover for the ordinary negligence
of the host.
Gross negligence is that degree or
negligence which Is greater tnan
ordinary negligence: for instance as
operating at forty or fifty miles per
hour, or operating at an extreme
rate of speed in a dangerous place.
or operating while under the influ-
ence of intoxicating liquors.
A guest who is riding with
another whom he has paid
nothing for his transportation, may
recover for injuries If his host is
grossly negligent, but not OTHERWISE
Backing an automobile when the
driver knows, or has reason to Know,
that children are playing about,
without looking behind, may he
found to be negligent.
Pedestrians walking in the street
at night without a lantern are not
held to be negligent, as matter OF
law.
Leaving an automobile or truck
unattended without the brakes being
set and the automobile locked, In
such a way that children climbing
in the automobile might easily set It
in motion, has been held in some
states to be negligent.