Whalen v. Mutrie

On May 9, 1921, the plaintiff’s intestate received fatal injuries, from a collision with the defendant’s automobile truck, on Dorchester Avenue, a public highway in the city of Boston. The truck, at the time of the accident, was operated by an employee of the defendant, engaged in his employer’s business. The jury viewed the scene of the accident.

There was evidence that the deceased was sixty years of age, and of good health, hearing and eyesight. The only testimony concerning the accident came from one witness, who testified that as he was crossing Dorchester Avenue, he saw the plaintiff’s…