Tripp v. Allen
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by being run down from behind by a Ford runabout motor car owned and operated by the defendant at about one o’clock a. m. on September 21, 1914, when the plaintiff, with a companion, was travelling on foot on a highway in South Dartmouth called Dartmouth Street, going toward New Bedford.
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Tort for personal injuries sustained by being run down from behind by a Ford runabout motor car owned and operated by the defendant at about one o’clock a. m. on September 21, 1914, when the plaintiff, with a companion, was travelling on foot on a highway in South Dartmouth called Dartmouth Street, going toward New Bedford. Writ dated November 12, 1914. In the Superior Court the casé was tried before Dubuque, J. The course of the trial, so far as material to the exceptions, is described in the opinion. The jury returned a verdict for the plaintiff in the sum of $5,000; and the defendant…
1Opinion of the CourtLoring, J.
This is an action to recover damages for being run down by a motor car of the defendant. The car was being operated by the defendant at the time of the accident. In his charge the judge read to the jury the following clause of St. 1909, c. 534, § 22: “Whoever upon any way operates an automobile or motor cycle recklessly or while under the influence of intoxicating liquor ... shall be punished by a fine” or imprisonment. He then told the jury that if the defendant was under the influence of liquor at the time of the accident he was violating a penal law and that the violation of a penal law…
2Cases cited1 opinion
- Allen v. KiddMassachusetts Supreme Judicial Court · 1908
3Cited by1 opinion
- Commonwealth v. LysethMassachusetts Supreme Judicial Court · 1925