(Download) "Fulton v. Chouteau County Farmers Co." by Supreme Court of Montana " Book PDF Kindle ePub Free
eBook details
- Title: Fulton v. Chouteau County Farmers Co.
- Author : Supreme Court of Montana
- Release Date : January 13, 1934
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 83 KB
Description
Personal Injuries ? Automobile Accident ? Duty of Driver, Pedestrians and Others Making Lawful Use of Highway ? Contributory Negligence ? Inapplicability of Defense ? Evidence ? Exhibits ? Photographs of Posed Cars ? Admissibility ? Instructions ? Excessive Verdict ? Physicians and Surgeons ? Reasonableness of Charges ? Amounts Allowed by Workmens Compensation Act not Criterion. Evidence ? Exhibits ? Photographs ? Admissibility. 1. Photographs, as exhibits, stand on the same footing as diagrams, maps, plans, and the like, and, as a general rule, whenever relevant to describe a person, place or thing, they are admissible for the purpose of explaining and applying the evidence and assisting the court and jury in understanding the case. Personal Injuries ? Automobile Accident ? Photographs of Posed Cars Held Admissible in Evidence. 2. In a personal injury action arising out of a collision of automobiles on the highway at night-time, photographs of posed cars at the point of collision, purporting to depict a stalled car and the one driven by plaintiff headed in the same direction and stopped by plaintiff practically parallel and but twelve or sixteen inches from the former, for the purpose of seeing whether he had struck somebody fixing a tire, held admissible in evidence they having been placed to conform to the evidence before being photographed. Same ? Instruction as to Rights of Automobilist and Pedestrians on Highway Applicable to Others Lawfully Using Highway. 3. An instruction that a pedestrian on the highway and a driver of an automobile have equal rights to the use of public highways, and that each must exercise his right in a reasonable and careful manner so as not to interfere with the right of the other, applies as well to persons lawfully using the highway, as for instance, a person in case of a breakdown or other accident may use the highway for the purpose of inspection or repair, or in an effort to render assistance to another, the right to stop when occasion demands being an incident to the right to travel the highway. Same ? Duty of Automobilists as to Persons on Highway in Position of Danger. 4. Operators of motor vehicles on the highway are bound to use reasonable care to avoid injury to persons working on or about