Forzley v. Bianchi
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff when she was a traveller upon a sidewalk on Norfolk Street in Worcester on November 1, 1919, and was run into by a motor truck of the defendant alleged to have been driven by her employee. Writ dated November 15, 1919. In the Superior Court, the action was tried before Bishop, J. Material evidence is described in the opinion.
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Tort for personal injuries received by the plaintiff when she was a traveller upon a sidewalk on Norfolk Street in Worcester on November 1, 1919, and was run into by a motor truck of the defendant alleged to have been driven by her employee. Writ dated November 15, 1919. In the Superior Court, the action was tried before Bishop, J. Material evidence is described in the opinion. At the close of the plaintiff's evidence, the defendant rested and moved that a verdict be ordered in her favor. The motion was denied. The jury found for the plaintiff in the sum of $5,600; and the defendant alleged…
1Opinion of the CourtRugg, C. J.
There was evidence reported in this record from which the facts might have been found to be that the plaintiff, *37while walking on the sidewalk of a travelled way in the exercise of due care, was struck and severely injured by an automobile truck used by the defendant in her business, and being at the time driven negligently by a servant of the defendant while in the performance of his work for the defendant. It is not necessary to state this evidence in detail. There are no circumstances requiring a finding of justifiable cause for the servant of the defendant to drive the truck upon the…
2Cases cited9 opinions
- D'Addio v. Hinckley Rendering Co.Massachusetts Supreme Judicial Court · 1913
- Rasmussen v. WhippleMassachusetts Supreme Judicial Court · 1912
- Heywood v. OgasapianMassachusetts Supreme Judicial Court · 1916
- Rogers v. PhillipsMassachusetts Supreme Judicial Court · 1910
- Powers v. LoringMassachusetts Supreme Judicial Court · 1918
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