Noonan v. P. M. Leavitt Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been caused by the plaintiff being run into by a motor car driven by an employee of the defendant. Writ dated May 14,1919. ■ In the Superior Court, the action was tried before White, J. Material evidence is described in the opinion. At the close of the evidence, the defendant moved that a verdict be ordered in its favor. The motion was denied.
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Tort for personal injuries alleged to have been caused by the plaintiff being run into by a motor car driven by an employee of the defendant. Writ dated May 14,1919. ■ In the Superior Court, the action was tried before White, J. Material evidence is described in the opinion. At the close of the evidence, the defendant moved that a verdict be ordered in its favor. The motion was denied. The jury found for the plaintiff in the sum of $5,000, which, on motion of the defendant, was reduced to $4,000; and the defendant alleged exceptions.
1Opinion of the CourtBraley, J.
While not questioning the plaintiff’s due care, the defendant contends, that the mere fact of a collision between travellers on a public way without more, is not enough to fasten negligence on either, and, there being no affirmative proof of its carelessness, a directed verdict should have been ordered.
The plaintiff was a watchman at the freight yard of a railroad company, whose duties began at four o’clock in the afternoon and ended the following morning. The jury would have been warranted in finding that in the course of his employment at about six o’clock in the evening as it was becoming…
2Cases cited2 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Birch v. Athol & Orange Street Railway Co.Massachusetts Supreme Judicial Court · 1908
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