Oppenheim v. Barkin

The plaintiff, while riding with the defendant in an automobile as his guest, was injured shortly after four o’clock on the morning of June 1,1926, about two miles east of Worcester on the highway leading to Boston. The judge found that the defendant, who was operating the automobile, turned from the right side of the road to the left and ran into a post; “that there was no reason for his doing so unless he was asleep.”

The defendant testified that car tracks were on the right hand side of the way; that the space to his left of the car tracks was “wide enough to permit three cars to pass”;…