[Download] "Sorrels v. Ryan" by Supreme Court of Montana * eBook PDF Kindle ePub Free

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eBook details

• Title: Sorrels v. Ryan
• Author : Supreme Court of Montana
• Release Date : January 09, 1955
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

APPEAL &; ERROR, Disposition of Cause, Leave to Plaintiff to Amend Complaint ? AUTOMOBILES, Last Clear Chance Doctrine ? MOTOR VEHICLES, Discovered Peril ? NEGLIGENCE, Last Clear Chance ? PERSONAL INJURIES, Pleading, Last Clear Chance Doctrine ? PLEADINGS, Compaint, Sufficiency of Allegations, Implications in or Inferences from Taken as Directly Alleged, Pleading Evidence Not Permissible, Last Clear Chance Doctrine, Discovery of Plaintiffs Peril, "Stooped Posture and Bearing" of Pedestrian as Indicating Unconsciousness of Danger in Crossing Street, Doubt as to Sufficiency of Complaint Resolved in Favor of Plaintiff ? TORTS, Last Clear Chance Doctrine Presupposes Negligence on Part of Plaintiff. - Page 30 1. Pleading ? Sufficience of complaint. In considering sufficiency of complaint, whatever is necessarily implied in or reasonably inferable from allegations must be taken as directly alleged. 2. Pleading ? Pleading evidence. Good pleading does not require nor permit pleading of evidence relied on. 3. Negligence ? Application of "Last Clear Chance". Doctrine of last clear chance has application to case not only where defendant actually sees plaintiff in position of peril in time to avoid injury by exercise of reasonable care, but also to case where, in exercise of reasonable care, he should or could have discovered plaintiff in his perilous position in time to avoid injury. 4. Automobiles ? Complaint not defective. Complaint seeking recovery under doctrine of last clear chance, for personal injuries sustained by plaintiff as result of being struck by defendants automobile while crossing street between intersections, was not defective for failure to allege that plaintiff was crossing street at place where defendant had reason to anticipate his presence. 5. Automobiles ? Driver must observe caution. Ordinary caution must be observed by drivers of automobiles and pedestrians both at and between crossings. 6. Automobiles ? Duty to look out for pedestrians. Operators of motor vehicles are duty bound to keep lookout for pedestrians and others using streets. 7. Automobiles ? Reasonable care. Fact that pedestrian is crossing street between crossings does not absolve motorist from duty to exercise reasonable care to avoid injuring him. 8. Automobiles ? Last Clear Chance ? Presupposition of negligence. Doctrine of last clear chance presupposes negligence on part of plaintiff, and even though his negligence may consist of violation of city ordinance prohibiting crossing of streets between intersections, doctrine applies. 9. Pleading ? Resolving doubt as to sufficiency of allegations. If there is reasonable doubt as to sufficiency of allegations, doubt must be resolved in favor of complaint. 10. Automobiles ? Complaint stated cause of action. Complaint seeking recovery, under doctrine of last clear chance, for personal injuries sustained by plaintiff as result of being struck by defendants automobile while crossing street between intersections, which alleged that defendant saw plaintiff traversing street and knew or in exercise of reasonable care should have known from plaintiffs stooped posture and bearing that he was oblivious to traffic approaching him, and yet did nothing to attempt to avoid running into him, was sufficient to state cause of action.

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