Legal Opinion

Zack v. Miller

Massachusetts District Court, Appellate Division

Decided May 15, 1957No. 5018Published

1Opinion of the CourtBrooks, J.

Plaintiff sues defendant in tort for personal injury and property damage. Defendant pleaded general denial and contributory negligence.

According to the Report, both parties were operating their respective cars on Park Drive in Boston, plaintiff ahead of defendant. Defendant had attempted for a short period of time to pass plaintiff but without success. Finally he did so, then swerved directly into plaintiff’s path and slammed on his brakes, with the result that plaintiff’s car ran into the rear of defendant’s car. The collision caused damage to the front of plaintiff’s car and to the rear of…

2Cases cited9 opinions

  1. Bresnick v. HeathMassachusetts Supreme Judicial Court · 1935
  2. Bartley v. PhillipsMassachusetts Supreme Judicial Court · 1944
  3. Commonwealth v. GalvinMassachusetts Supreme Judicial Court · 1948
  4. Ryan v. HickeyMassachusetts Supreme Judicial Court · 1921
  5. Bresnahan v. PromanMassachusetts Supreme Judicial Court · 1942

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