Beaucage v. Mercer
Massachusetts Supreme Judicial Court
Two ACTIONS OF TOET against the proprietor of a garage, the first by Joseph H. D. Beaucage for injuries to his person and to an automobile belonging to him, and the second by John A. Gilbert for personal injuries, all sustained on the Dalton Road in Pittsfield on October 10, 1909. Writs dated October 21, 1909. In the Superior Court the cases were tried together before Orosby, J. The following facts were stated in the bill of exceptions as having appeared in evidence: As on…
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Two ACTIONS OF TOET against the proprietor of a garage, the first by Joseph H. D. Beaucage for injuries to his person and to an automobile belonging to him, and the second by John A. Gilbert for personal injuries, all sustained on the Dalton Road in Pittsfield on October 10, 1909. Writs dated October 21, 1909. In the Superior Court the cases were tried together before Orosby, J. The following facts were stated in the bill of exceptions as having appeared in evidence: As on several former occasions, both of the plaintiffs were in Beaucage’s automobile in the daytime of October 10, 1909, taking…
1Opinion of the CourtHammond, J.
In dealing with these exceptions we are embarrassed by the meagre report of the evidence as to the precise manner in which the accident occurred, and by the disconnected way in which the parts of the charge deemed material are reported ; and we proceed to the consideration of the questions of-law involved not without apprehension lest something may have been omitted which, if inserted, might have materially changed the conclusion to which we have come.
As to the general doctrine of contributory and imputable negligence the jury were instructed as follows: “If you should find that there was any…
2Cases cited3 opinions
- Short Mountain Coal Co. v. HardyMassachusetts Supreme Judicial Court · 1873
- Adams v. SwiftMassachusetts Supreme Judicial Court · 1899
- Providence Tool Co. v. United States Manufacturing Co.Massachusetts Supreme Judicial Court · 1876
3Cited by32 opinions
- Grubb v. Illinois Terminal Co.Illinois Supreme Court · 1937
- Bostrom v. JenningsMichigan Supreme Court · 1949
- Loftus v. PelletierMassachusetts Supreme Judicial Court · 1916
- Whiddon v. MaloneSupreme Court of Alabama · 1929
- Stock v. FifeMassachusetts Appeals Court · 1982
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