Legal Opinion
Burke v. Cook
Massachusetts Supreme Judicial Court
Decided November 27, 1923PublishedCited by 53 opinions
1Opinion of the CourtJenney, J.
The plaintiff, who was injured while riding in the fall of 1920 as a guest in a seven-passenger automobile owned and operated by the defendant, bases liability on gross negligence.
The plaintiff sat at the left end of the rear seat and had a seat mate; one person rode beside the driver, and there were two on intermediate seats. The journey as planned was to be from Provincetown to New Bedford and was for pleasure. “. . . Not a word was spoken [at any time] to the defendant by way of complaint as to his driving, management, or rate of speed, by any person in the car.” The motor car crossed the…
2Cases cited11 opinions
- Altman v. AronsonMassachusetts Supreme Judicial Court · 1919
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- Foley v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Lambert v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1922
- O'Leary v. FashMassachusetts Supreme Judicial Court · 1923
6 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Siesseger v. PuthSupreme Court of Iowa · 1931
- Higgins, Admr. v. MetzgerSupreme Court of Vermont · 1928
- Higgins v. MasonNew York Court of Appeals · 1930
- Cook v. ColeMassachusetts Supreme Judicial Court · 1931
- Meeney v. DoyleMassachusetts Supreme Judicial Court · 1931
48 more not listed; retrieve them via the Exa API.