Massie v. Barker
Massachusetts Supreme Judicial Court
Two actions of tort, the first for personal injuries to the plaintiff and damage to the plaintiff’s horse and wagon, with a second count for consequential damages by reason of injuries to the plaintiff’s wife, all sustained on January 22, 1913, when the plaintiff’s wagon, in which he was driving with his wife on Main Street in the town of Wayland, was run into from behind by a motor truck operated negligently by a servant of the defendant, and the second action by the wife…
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Two actions of tort, the first for personal injuries to the plaintiff and damage to the plaintiff’s horse and wagon, with a second count for consequential damages by reason of injuries to the plaintiff’s wife, all sustained on January 22, 1913, when the plaintiff’s wagon, in which he was driving with his wife on Main Street in the town of Wayland, was run into from behind by a motor truck operated negligently by a servant of the defendant, and the second action by the wife of the plaintiff in the first action for personal injuries sustained in the same collision. Writs dated January 23, 1913.…
1Opinion of the CourtRugg, C. J.
No question is raised as to the due care of the plaintiffs. The only controverted point is whether the defendant’s servant, who was acting within the scope of his authority, might have been found on the evidence to have been negligent in operating a motor truck.
The plaintiffs were driving in a wagon and, having turned to *422the right in response to a warning horn, were injured by a collision with the motor truck coming from behind. Neither of the plaintiffs saw the impact. The defence, that there is nothing to warrant a finding of negligence on the part of the driver of the truck, rests upon…
2Cited by20 opinions
- Hathaway v. Checker Taxi Co.Massachusetts Supreme Judicial Court · 1947
- Luttrell v. . HardinSupreme Court of North Carolina · 1927
- Lange v. AffleckCourt of Appeals of Maryland · 1931
- Kuether v. LockeSupreme Court of Minnesota · 1961
- Johnston, Administratrix v. EcordSupreme Court of Kansas · 1966
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