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Full-Text Articles in Law
Hudson V. Rainville [Dissent], Jesse W. Carter
Hudson V. Rainville [Dissent], Jesse W. Carter
Jesse Carter Opinions
In a pedestrian's personal injury action, the trial court properly submitted the issue of an automobile driver's negligence to the jury where the evidence presented a question of fact as to that issue.
Hilyar V. Union Ice Co., Jesse W. Carter
Hilyar V. Union Ice Co., Jesse W. Carter
Jesse Carter Opinions
Nonsuit as to driver was improper in injured minor's personal injury action because evidence was sufficient on negligence issue to permit submission to jury but nonsuit was proper as to corporation because evidence of agency was insufficient.
Scott V. Burke [Dissent], Jesse W. Carter
Scott V. Burke [Dissent], Jesse W. Carter
Jesse Carter Opinions
It was proper for the trial court to instruct the jury on the inference of negligence under res ipsa loquitur as well as the conflicting presumption of due care that arose if defendant driver was truly unable to recall the cause of the accident.
Rodabaugh V. Tekus [Dissent], Jesse W. Carter
Rodabaugh V. Tekus [Dissent], Jesse W. Carter
Jesse Carter Opinions
The doctrine of last clear chance rarely applied in cases involving high speed collisions between vehicles because it was extremely difficult to determine which party, if any, had a meaningful last clear chance to avoid an accident.
Selinsky V. Olsen, Jesse W. Carter
Selinsky V. Olsen, Jesse W. Carter
Jesse Carter Opinions
The refusal of the trial court to give an instruction on the last clear chance doctrine resulted in the granting of a new trial to plaintiff in a personal injury action resulting from a collision.