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Keywords

negligence

appealtrialwillappellantappellee

Related Cases

Mahan v. State, to Use of Carr, 172 Md. 373, 191 A. 575

Facts

On September 23, 1935, Alvin O. Carr, a three-year-old boy, was struck by an automobile driven by Charles A. Mahan while walking from his home to a neighbor's house. The accident occurred on Washington Street, where there was no sidewalk on the west side, forcing pedestrians to use the roadway. Mahan, who was driving slowly, claimed he did not see the child until after the collision, despite the child being in plain view for several seconds prior to the accident.

At about 6 o'clock in the evening of September 23, 1935, Alvin O. Carr, the infant son of Norval Carr and Agnes Carr, the appellees, while walking from the home of his parents… was struck by an automobile driven along that street by Charles A. Mahan, the appellant, and as a result of the collision suffered injuries which caused his death.

Issue

Did Charles A. Mahan exercise reasonable care while driving, and was he negligent in failing to see Alvin O. Carr before the collision?

Rule

A driver has a duty to exercise reasonable care to avoid injuring pedestrians, particularly when approaching a standing vehicle where pedestrians may be present.

The driver of a vehicle approaching a person engaged about, or standing near, or coming to, or going from, an automobile standing in the highway, owes to such person or persons the duty to exercise reasonable care to avoid injuring them.

Analysis

The court determined that Mahan failed to exercise the necessary vigilance required of a driver, especially given his familiarity with the area and the presence of the parked car. Evidence suggested that Mahan was distracted by another vehicle and did not look directly in front of him, which contributed to the accident. The court noted that the child was in a position where he had a right to be and that Mahan's failure to see him constituted negligence.

The jury were also authorized by the evidence to find that his failure to see the child was due to the facts, first, that he was not looking at the road immediately before him, but at a car in the next block, and, second, that because of his stature the hood of his own automobile prevented him from seeing objects in front of and close to him.

Conclusion

The court affirmed the judgment in favor of the Carrs, holding that Mahan was liable for the wrongful death of Alvin O. Carr due to his negligence.

Finding no reversible error in the rulings presented for review by the appeal, the judgment of the trial court will be affirmed.

Who won?

Norval Carr and Agnes Carr prevailed in the case because the court found that Mahan was negligent in failing to see their son, who was lawfully using the roadway.

The court found that Mahan was negligent in failing to see the child, who was walking along the dirt shoulder of the road.

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