Blanchette v. Miles

On exceptions to acceptance of referees' report. This action is brought under Sections 9 and 10 of Chap. 101, R. S. 1930, as amended, known as the Death-Liability or Lord Campbell's Act. Justifiably findable facts by the referees were: On the evening of September 29, 1939, Pauline Blanchette, aged 12, was run over and killed by the defendant's automobile, he then operating the same. She had just alighted from a passenger bus which had stopped opposite the entrance to the Webber Hospital in the city of Biddeford and passed hurriedly in front of the bus to go across the street into the hospital. As she emerged from in front of the bus, the defendant's car which had been following it swung to the left to pass and in doing so hit the child and dragged her from 75 to 100 feet before stopping. The defendant knew the bus had stopped and that passengers were to alight. He was driving from 20 to 25 miles per hour and did not see Pauline at all. He did not know whether his lights were on or not. Those of the bus were on, inside if not outside. As to whether she stopped to look up and down the street before she entered the lane where she was hit, no witness testified.