(Download) "Mayma Crouch v. Dale Tourtelot" by Supreme Court of North Dakota ~ eBook PDF Kindle ePub Free
eBook details
- Title: Mayma Crouch v. Dale Tourtelot
- Author : Supreme Court of North Dakota
- Release Date : January 13, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This is an appeal from the dismissal of a third-party petition, the order being designated as a final judgment. See Rule 82.06. The case arises from an automobile collision occurring in Jasper County on September 25, 1955. We find it necessary to digest the pleadings generally. The original plaintiff, Mayma Crouch, sued the Administrator of J. S. Brown as sole defendant and alleged: that she was a passenger in her husbands car proceeding northerly on Highway 66; that it had collided with another car proceeding ahead of theirs in the same direction, after which her husband had stopped and alighted, leaving his car on the pavement, headed east; that decedent Brown, driving southerly on the highway collided violently with the car in which plaintiff was still seated, due to negligence on his part as alleged in six specified grounds; these were: excessive speed, failing to maintain a vigilant lookout, failure to keep his car properly under control, failure to keep his car as near as practicable to the right hand edge of the pavement, failure to stop, slacken or change course, and running into collision with plaintiffs husbands car when it was stopped in plain view. Plaintiff further alleged that she suffered serious and permanent injuries which "were directly and proximately caused by the negligent and carelessness" of Brown. She prayed damages of $25,000. Defendant filed an answer in which he denied the substantive allegations of the petition and alleged contributory negligence on plaintiffs part and sole negligence on the part of her husband; he also alleged the existence of a joint undertaking and the applicability of the doctrine of imputed negligence.
 "Mayma Crouch v. Dale Tourtelot" by Supreme Court of North Dakota ~ eBook PDF Kindle ePub Free){kind=link}