Emery v. Miller
Massachusetts Supreme Judicial Court
Four actions of tort, the first two for personal injuries sustained by the plaintiffs in those actions, who were minors, on the evening of March 20, 1917, on Main Street in the town of Reading by being run into by a motor car alleged to have been driven negligently by the defendant, and the last two actions by the respective fathers of the minors for expenses incurred by reason of their injuries.
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Four actions of tort, the first two for personal injuries sustained by the plaintiffs in those actions, who were minors, on the evening of March 20, 1917, on Main Street in the town of Reading by being run into by a motor car alleged to have been driven negligently by the defendant, and the last two actions by the respective fathers of the minors for expenses incurred by reason of their injuries. Writs dated July 20, 1917. The defendant in his answer in each of the two cases for personal injuries alleged that the plaintiff was not in the exercise of due care and was guilty of negligence which…
1Opinion of the CourtRugg, C. J.
Two girls about seventeen or eighteen years of age were walking hand in hand slightly to the left of the sixteen *245feet wide macadam part of a State highway in the town of Reading at about ten o’clock on a March evening. Other parts of the way including a dirt sidewalk were muddy. From behind, upon tracks on the side of the road, an electric car approached with a searchlight which made brilliant the part of the road where the girls were. They had an indubitable right to be travelling where they were. An automobile with headlights also approached from behind, driven by the defendant at a rate of…
2Cited by25 opinions
- Rizzittelli v. VestineMassachusetts Supreme Judicial Court · 1923
- Pawloski v. HessMassachusetts Supreme Judicial Court · 1925
- Campbell v. CairnsMassachusetts Supreme Judicial Court · 1939
- Cole v. WilsonSupreme Judicial Court of Maine · 1928
- Dodge v. SawyerMassachusetts Supreme Judicial Court · 1934
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