Bishop v. Pastorelli
Massachusetts Supreme Judicial Court
Tort, for personal injuries received when the plaintiff, while a traveller upon Beacon Street in Brookline near the intersection of Fairbanks Street on October 17, 1919, was struck by a motor vehicle alleged to have been owned and operated by the defendant. Writ dated December 15, 1919. In the Superior Court, the action was tried before White, J. Material evidence is described in the opinion.
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Tort, for personal injuries received when the plaintiff, while a traveller upon Beacon Street in Brookline near the intersection of Fairbanks Street on October 17, 1919, was struck by a motor vehicle alleged to have been owned and operated by the defendant. Writ dated December 15, 1919. In the Superior Court, the action was tried before White, J. Material evidence is described in the opinion. At the close of the evidence of the plaintiff, the defendant rested and asked for the following rulings: “1. On all the.evidence the defendant was not negligent. “2. The defendant has sustained the…
1Opinion of the CourtRugg, C. J.
This is an action of tort wherein the plaintiff, a pedestrian upon the highway, seeks to recover compensation for bodily injuries sustained by her, as alleged in her declaration, by reason of the negligence of the defendant in driving an automobile owned by him against and upon her.
The record discloses nothing whatever to indicate that the automobile, which struck the plaintiff, was owned or driven by .the defendant or by an agent of the defendant acting within the ¡scope of his authority. No evidence was offered by the defendant. He rested at the close of the plaintiff’s case. It is stated…
2Cases cited16 opinions
- Howe v. HoweMassachusetts Supreme Judicial Court · 1908
- Ayers v. RatsheskyMassachusetts Supreme Judicial Court · 1913
- Kaminski v. FournierMassachusetts Supreme Judicial Court · 1920
- Rasmussen v. WhippleMassachusetts Supreme Judicial Court · 1912
- Marsal v. HickeyMassachusetts Supreme Judicial Court · 1916
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