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eBook details

• Title: Hornbeck Et Al. v. Richards
• Author : Supreme Court of Montana
• Release Date : January 06, 1927
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Personal Injuries ? Automobiles ? Reckless Driving ? Evidence ? Insufficiency ? Duty of Driver to Guest ? Executors and Administrators ? Estate of Deceased Tort-feasor Insolvent ? Right of Appeal ? Statutes of Non-claim ? When Inapplicable. Personal Injuries ? Right of Appeal ? Administratrix and Heir of Tortfeasors Estate Entitled to Appeal, Though Estate Insolvent. 1. Under the rule that a party to an action whose rights are prejudiced by a judgment may appeal therefrom as a party aggrieved, - Page 28 held, that an administratrix, who was also an heir at law of her intestate, could properly appeal from a judgment for damages in a large amount recovered against her in her representative capacity for death occasioned by alleged negligence of the decedent in his lifetime, even though the estate be insolvent. Same ? Executors and Administrators ? Statutes of Non-claim not Applicable to Claims Arising from Tort of Decedent. 2. Held, that the statutes of non-claim which bar claims against an estate or its executor or administrator unless first presented for allowance, and, if rejected, suit brought within three months after rejection, cover only such claims as came into existence by contract, express or implied, prior to the death of the decedent, and therefore do not apply to claims for unliquidated damages arising from a tort committed by the decedent in his lifetime. Same ? Automobiles ? Reckless Driving ? Insufficiency of Evidence. 3. In an action against an administratrix for damages for death occasioned by the negligence of her intestate in driving an automobile in which plaintiffs husband was riding as a guest of decedent, evidence as to alleged negligence in driving at an excessive speed and failing to keep a proper lookout, held insufficient to go to the jury and that therefore the court erred in denying defendants motion for a directed verdict. Same ? Automobiles ? Duty of Driver to Guest. 4. The driver of an automobile is not liable as an insurer or common carrier to an invited guest riding with him, his duty to the latter being no greater than to exercise reasonable and ordinary care in the operation of the machine so as not unreasonably to expose his guest to danger by increasing the hazard incident to that mode of travel; he must exercise that degree of care and diligence which a man of reasonable prudence would exercise for his own protection and that of his family and property under like conditions.

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