Walters v. Davis
Massachusetts Supreme Judicial Court
Two actions OF tort, the first for personal injuries and the second for damage to a motor car alleged to have resulted from a collision with a motor car owned by the defendants and negligently operated by their servant or agent. Writs dated December 5,1917. In the Superior Court, the actions were tried together before Dubuque, J. Material evidence is described in the opinion. At the close of the evidence, the defendants moved that verdicts be ordered in their favor.
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Two actions OF tort, the first for personal injuries and the second for damage to a motor car alleged to have resulted from a collision with a motor car owned by the defendants and negligently operated by their servant or agent. Writs dated December 5,1917. In the Superior Court, the actions were tried together before Dubuque, J. Material evidence is described in the opinion. At the close of the evidence, the defendants moved that verdicts be ordered in their favor. The motions were denied. The jury found for the plaintiff in the first action in the sum of $3,000, and for the plaintiff in the…
1Opinion of the Court
Crósby, J.
These actions, tried together, arise out of the collision of an automobile, operated by the plaintiff in the first action, with an automobile owned by the defendants and operated by their servant. The first action is brought to recover for personal injuries, and the second for damages to the plaintiff’s automobile.
It is conceded by the defendants that it could not have been ruled that there was no negligence on the part of the driver of the defendants’ car who, at the time of the accident, it was agreed, was acting as the defendants’ agent within the scope of his employment. The…
2Cases cited7 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Pigeon v. Massachusetts Northeastern Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Commonwealth v. CassidyMassachusetts Supreme Judicial Court · 1911
- Driscoll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916
- Ferguson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1910
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3Cited by12 opinions
- McDonough v. VozzelaMassachusetts Supreme Judicial Court · 1924
- Jones v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1931
- McMahon v. PearlmanMassachusetts Supreme Judicial Court · 1922
- Bogert v. CorcoranMassachusetts Supreme Judicial Court · 1927
- Daris v. Middlesex & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1922
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