[Download] "Morris V. Aero Mayflower Transit Co." by Arizona Supreme Court * eBook PDF Kindle ePub Free

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eBook details

• Title: Morris V. Aero Mayflower Transit Co.
• Author : Arizona Supreme Court
• Release Date : January 31, 1952
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

The specific negligence upon which plaintiffs base their cause of action is that the defendant Reilly drove his automobile south on 48th Street and entered the intersection of Van Buren at a high and negligent rate of speed under the circumstances then existing which proximately caused the injuries to the plaintiffs and that at the time and place his brakes were wholly inadequate and defective; that the truck and trailer operated by the defendant Aero Mayflower Transit Company had a gross weight of 20,000 pounds and that the driver thereof was operating it at a speed in excess of that permitted by law for vehicles of that kind and that it was traveling at a speed of 60 miles per hour whereas the speed provided by law for such vehicles at that place, it is alleged, is 25 miles per hour. The defendants deny generally and specifically the allegations of the complaint, and the defendant Reilly plead as an affirmative defense contributory negligence on the part of the plaintiffs in that they were then and there driving and operating the said motorcycle on the left (or wrong) side of the road. He further interposed the defense that immediately prior to reaching the intersection of 48th Street and East Van Buren the brakes on his automobile suddenly then and there failed; that he had no prior knowledge of defects in said brakes and that by reason of their failure he was suddenly faced with an emergency and that the accident resulting therefrom was unavoidable. A cross-claim was filed by the defendant Aero Mayflower Transit Company against Joseph A. Reilly but the issues there involved are not before us.

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