Hartnett v. Gryzmish
Massachusetts Supreme Judicial Court
Tort, by the administratrix of the estate of John E. J. Hart-nett, late of Boston, for the conscious suffering and death of the intestate alleged to have been caused by his being run over by an automobile of the defendant due to negligence of the chauffeur.
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Tort, by the administratrix of the estate of John E. J. Hart-nett, late of Boston, for the conscious suffering and death of the intestate alleged to have been caused by his being run over by an automobile of the defendant due to negligence of the chauffeur. Writ dated February 19, 1912. In the Superior Court the case was tried before Dana, J. The circumstances under which Kravatz, mentioned in the opinion, testified, were as follows: The defendant was called as a witness by the plaintiff and had testified that on the day of the accident he owned only one automobile and that Kravatz “was in…
1Opinion of the CourtHammond, J.
This is an action of tort brought by the administratrix of the estate of one Hartnett, to recover for his injuries and death caused by a collision between a bicycle ridden by him and an automobile owned by the defendant, upon a public street about half past one o’clock in the afternoon of October 13, 1911.
There can be no doubt that upon the evidence the questions of the due care or negligence of Hartnett and the chauffeur were for the jury. The only remaining question is whether at the time of the accident the latter was the defendant’s servant acting within the scope of his employment; and…
2Cases cited2 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Reynolds v. DenholmMassachusetts Supreme Judicial Court · 1913
3Cited by44 opinions
- McDonough v. VozzelaMassachusetts Supreme Judicial Court · 1924
- Thomes v. Meyer Store Inc.Massachusetts Supreme Judicial Court · 1929
- Reilly v. . ConnableNew York Court of Appeals · 1915
- Washburn v. R. F. Owens Co.Massachusetts Supreme Judicial Court · 1925
- Brinkman v. ZuckermanMichigan Supreme Court · 1916
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