[DOWNLOAD] "Clark v. Beacon Oil Co. Meltzer v. Same" by Supreme Court of Minnesota ~ Book PDF Kindle ePub Free
eBook details
- Title: Clark v. Beacon Oil Co. Meltzer v. Same
- Author : Supreme Court of Minnesota
- Release Date : January 25, 1930
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
WAIT, J. These cases arose out of a collision on August 31, 1926, between a motor truck of the defendant and a sedan belonging to Meltzer and driven by Clark. The jury, in answer to issues submitted to them, found that the collision was due to the carelessness of Clark, who at the time was not the agent of Meltzer; was the cause of damage to Meltzers car in the amount of $800; and was not due to carelessness of the driver of the truck. There was conflict in the testimony of witnesses with regard to the presence or absence of an odor of liquor upon Clarks breath. The trial Judge refused to cause the words marked odor alcohol on breath to be omitted from a record of the Boston City Hospital relating to Clark put in evidence by the plaintiffs; and also refused to instruct the jury, as the plaintiffs requested, that the statement with regard to the odor on Clarks breath could be considered only upon and in connection with his physical condition and it has no reference or connection withthe liability or cause of the accident and is not evidence and does not prove that Clark was operating at the time of the accident under the influence of liquor. Clark, though a witness, was not asked, nor did he testify, about any use of liquor by him on the day of the accident. He was taken to the hospital immediately after the collision.