Tornroos v. R. H. White Co.
Massachusetts Supreme Judicial Court
Four actions of tort, the first two for personal injuries caused by the plaintiff, a minor, being run over by an automobile. The other two actions were by the mother of the plaintiff in the first two actions for consequential damages. Writs dated November 14, 1911. In the Superior Court the cases were tried together before Wait, J. The material facts are stated in the opinion.
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Four actions of tort, the first two for personal injuries caused by the plaintiff, a minor, being run over by an automobile. The other two actions were by the mother of the plaintiff in the first two actions for consequential damages. Writs dated November 14, 1911. In the Superior Court the cases were tried together before Wait, J. The material facts are stated in the opinion. In each of the first two cases the jury found for the plaintiff in the sum of $4,000, and in each of the other two they found for the plaintiff in the sum of $2,250. The defendants alleged exceptions.
1Opinion of the CourtRugg, C. J.
The material facts out of which these actions arise are these: The Autocar Company sold to the R. H. White Company two motor trucks, and agreed as a part of the contract to furnish with each for seven days without cost a chauffeur, who was a thorough mechanic and who would instruct the men of the R. H. White Company, and to “garage” the trucks, including the making of all ordinary repairs, for twelve months. The contract was in writing. During the seven day instruction period chauffeurs took the trucks from the garage of the Autocar Company and proceeded to the stable of the R. H. White…
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