[DOWNLOAD] "Holland v. Pence Automobile Co. Et Al." by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: Holland v. Pence Automobile Co. Et Al.
- Author : Supreme Court of Montana
- Release Date : January 12, 1925
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Personal Injuries ? Automobiles ? Failure of Dealer Properly to Inspect Car Before Sale ? Contributory Negligence of Buyer ? Non-suit Proper. 1. Under the rule that when plaintiffs own case in a personal injury action presents evidence which, unexplained, makes out prima facie contributory negligence on his part he cannot recover unless he produces further evidence exculpating him, held, that where an expert automobile mechanic after buying a car drove it for 700 miles during which time the foot accelerator on two occasions failed to release, and, on the day of accident while driving with another skilled mechanic when it again had caught, declined to stop and refused the latters offer to assist in remedying the defect but drove on with the result that he lost control of the car and was fatally injured, he was guilty of such careless and reckless conduct as barred the administrator of his estate from recovery of damages for his death from the dealer for failing to make proper inspection of the car before delivering it to deceased, and judgment of non-suit was proper.