Dillon v. Plimpton
Massachusetts Supreme Judicial Court
Tort for damages to a motor car of the plaintiff alleged to have been caused by negligence of the operator of a motor truck of the defendant, causing a collision. Writ dated February 27, 1919. In the Superior Court, the action was tried before N. P. Brown, J. Material evidence is described in the opinion.
Read the full summary
Tort for damages to a motor car of the plaintiff alleged to have been caused by negligence of the operator of a motor truck of the defendant, causing a collision. Writ dated February 27, 1919. In the Superior Court, the action was tried before N. P. Brown, J. Material evidence is described in the opinion. The circumstances of the interruption of the argument of the plaintiff’s attorney, referred to in the opinion, were stated in the record as follows: "During the argument for the plaintiff, the plaintiff’s attorney said, ‘The only witness to testify as to speed was the defendant.’ Defendant’s…
1Opinion of the CourtDe Courcy, J.
On the motion for a directed verdict we must accept the evidence that is most favorable to the plaintiff, as apparently the jury did. These facts could be found: The plaintiff, who was conveying a party of eight soldiers from Camp Devens to Boston, in his automobile, was proceeding easterly on Broadway, in Cambridge. He was on his right hand side of the street, near the curb as he approached Boardman Street, which enters Broadway from the south. His attention being attracted by a woman with a child he sounded his horn, and slowed down, so that he was moving only from five to eight miles an…
2Cases cited2 opinions
- O'Connell v. DowMassachusetts Supreme Judicial Court · 1903
- Collins v. GreeleyMassachusetts Supreme Judicial Court · 1894
3Cited by9 opinions
- Commonwealth v. BarkerMassachusetts Supreme Judicial Court · 1942
- Clay v. Pope & Cottle Co.Massachusetts Supreme Judicial Court · 1930
- Bogert v. CorcoranMassachusetts Supreme Judicial Court · 1927
- Hamel v. SweattMassachusetts Supreme Judicial Court · 1926
- Palomebella v. FossMassachusetts Supreme Judicial Court · 1931
4 more not listed; retrieve them via the Exa API.