Gavin v. Gavin

Henderson, J., delivered the opinion of the Court. The appellant was a passenger in an automobile owned and operated by Robert G. Gavin, her son, riding in the front seat beside the driver. She was thrown against the windshield and injured, when he applied the brakes to avoid striking a car ahead, and brought this action charging negligence on his part. The case was tried by the court without a jury, and from a judgment entered on a verdict for the defendant, this appeal was taken.

By interrogatories answered by the defendant, and offered in evidence without objection, it was admitted that the plaintiff was not chargeable with contributory negligence, and that the accident was not caused or contributed to by the action of any third person, although the defendant made a sudden stop to avoid collision with a vehicle ahead. Mrs. Gavin testified that as they proceeded along Reisterstown Road the traffic was unusually heavy. As they passed Sam’s Hardware Store in Pikesville and were approaching the traffic light at Sherwood Avenue, she was looking ahead and “all of a sudden my son jammed on the brakes and I went into the windshield, then I went all the way back across the back of my seat.” The plaintiff added: “I remember distinctly saying to him, ‘If that had been my face you would have blinded me.’ Because I was wearing glasses.” Her son “said he turned to look down across the road.” They stopped “very close” to the car in front but