Commonwealth v. Gurney

The defendant was convicted of operating an automobile on a public way in such manner “as might endanger the h'ves and safety of the public” under G. L. c. 90, § 24.

A loaded truck weighing about 7,600 pounds, belonging to the Eastern Massachusetts Street Railway Company, was standing “facing in the direction of Stoneham” on the gravel shoulder of a highway leading from Reading to Stone-ham, the “left wheels” being “about even with the macadam.” Five employees of the railway company were at the time engaged in repair work, one of them, Guy M. Mattinson, standing at the rear of this truck. The…