Dostie v. Lewiston Crushed Stone Co

In Dostie v. Lewiston Crushed Stone Co., 136 Me. 284, 8 A.2d 393 (1939), Dominique Dostie was killed when the car in which he was riding as a passenger collided with a truck driven by an employee of the defendant. The collision occurred when a tire of defendant's truck blew out, causing it to swerve across the highway directly in the path of the car in which Dostie was riding. It was stipulated that the truck that was in the collision was owned by defendant and that its servant/agent, who was operating it, was acting within the scope of his employment. Id. at 394. Dostie argued that the defendant was negligent in allowing its employee to drive a truck with a defective tire. The Law Court agreed and stated that "it is negligence to use an instrumentality which the actor knows or should know to be so defective that its use involves an unreasonable risk of harm to others. If the use of the instrumentality threatens serious danger to others unless it is in good condition, there is a duty to take reasonable care to ascertain its condition by inspection." Id. at 395 . The Court further stated that: Generally speaking, it is the duty of one operating a motor vehicle on the public highways to see that it is in reasonably good condition and properly equipped, so that it may be at all times controlled, and not become a source of danger to its occupants or to other travelers. To this end, the owner or operator of a motor vehicle must exercise reasonable care in the inspection of the machine, and is chargeable with notice of everything that such inspection would disclose. Id. .