Legal Opinion

Burke v. Durland

Massachusetts Supreme Judicial Court

Decided October 28, 1942PublishedCited by 18 opinions

1Opinion of the CourtLummus, J.

The defendant’s truck was driven by his employee, one Cameron, northerly on Tennyson Street in Somerville and was stopped on the westerly or left hand side of the street, for the purpose of making a delivery of bread. Cameron left the truck and made a delivery of bread to a customer. The plaintiff, who was four years and nine months old, with other boys climbed on the back of the truck. The plaintiff got on the right side of the truck where there was a spare tire. The truck had a paneled body with no windows in the sides. In his position the plaintiff could not see Cameron, and Cameron could…

2Cases cited3 opinions

  1. Capano v. MelchionnoMassachusetts Supreme Judicial Court · 1937
  2. D'Ambrosia v. BrestMassachusetts Supreme Judicial Court · 1939
  3. O'Reilly v. ShermanMassachusetts Supreme Judicial Court · 1937

3Cited by18 opinions

  1. Sullivan v. GriffinMassachusetts Supreme Judicial Court · 1945
  2. Permenter v. Milner Chevrolet Co.Mississippi Supreme Court · 1956
  3. Kralik v. LeClairMassachusetts Supreme Judicial Court · 1943
  4. Falzone v. BurgoyneMassachusetts Supreme Judicial Court · 1945
  5. Williams v. Travelers InsuranceMassachusetts Supreme Judicial Court · 1953

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