[Download] "Raymond R. Lepage v. St. Johnsbury" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Raymond R. Lepage v. St. Johnsbury
- Author : Supreme Court of New York
- Release Date : January 03, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The plaintiffs motions for a directed verdict in his favor, made at the close of the evidence, were properly denied. One motion was general; the other sought a directed verdict under the count of the declaration alleging an intentional wrong, upon the specific ground that the evidence was uncontradicted that the defendant Chamberlain intentionally "speeded up" the truck after he became aware of the plaintiffs presence on the truck. While it was conceded by the defendant that the speed of the truck increased "somewhat" after the plaintiff mounted the running board, there was a conflict in testimony as to the extent of the increase. The defendant testified that the vehicle was traveling five to ten miles an hour when the plaintiff got on, and that at no time thereafter did the speed exceed ten to twelve miles an hour; that although he made no attempt to stop and was gathering speed as fast as he could, "that would be pretty slow there"; and that the maximum speed possible in second gear was fifteen miles an hour because of a governor on the truck. The evidence introduced by the plaintiff tended to prove a speed of twenty to twenty-five miles an hour when the accident occurred.