Tobias v. Bishop

The plaintiff received personal injuries in a collision between his automobile and that of the defendant. At the time of the collision both automobiles were on Memorial Drive, Cambridge, from which commercial vehicles are excluded by a rule of the Metropolitan District Commission. The plaintiff’s automobile was a commercial vehicle. The trial judge ruled that “The presence of the plaintiff’s truck on Memorial Drive constituted a trespass and the burden of proof was on the plaintiff to show that the defendant was guilty of wilful or wanton misconduct,” and found for the defendant.

The sole…