De Carvalho v. Bruner

119 N.E. 563 (1918)

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Nature of the Case

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Facts

P was struck and killed by a truck owned by Bruner (D). D owned a one-horse truck and was going north in Water street. At the same time, a two-horse truck owned by D1 was also going north in Water street. The drivers of the two trucks began to race. The two-horse truck was on the right or east side of the street near the curb, while the one-horse truck was to the left near the middle of the street. The trucks were going at about the same rate of speed as an ambulance or fire engine 'responding to an emergency call.' Water street near Wall Street is about 20 feet wide between curb lines and is a busy street. D had gained on D1 and passed over in front of it at Wall Street. The hubs of the trucks were about a foot apart. When they were about 15 feet north of Wall Street, the one-horse truck struck P, who was crossing the street and killed him. The court ruled for P for $10,000, and D1 appealed. The court reversed the judgment against D; there was no evidence to show that the truck owned by D1. in any way contributed to the accident. D appealed.