Legal Opinion

Polmatier v. Newbury

Massachusetts Supreme Judicial Court

Decided November 26, 1918PublishedCited by 10 opinions

Two actions of tort, the first by the owner of a. motor cycle for personal injuries and damage to the motor cycle by reason of “being run into by a motor car owned by the defendant and carelessly operated on the wrong side of the road by him on Sunday, July 2, 1916, at about half past nine o’clock in the morning on Winthrop Street, a public highway in Taunton, at or near the corner of Fairview Avenue, and the second action by the wife of the plaintiff in the first action,…

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Two actions of tort, the first by the owner of a. motor cycle for personal injuries and damage to the motor cycle by reason of “being run into by a motor car owned by the defendant and carelessly operated on the wrong side of the road by him on Sunday, July 2, 1916, at about half past nine o’clock in the morning on Winthrop Street, a public highway in Taunton, at or near the corner of Fairview Avenue, and the second action by the wife of the plaintiff in the first action, who was riding with him on the motor cycle, for personal injuries sustained at the same time and place. Writs dated…

1Opinion of the CourtCrosby, J.

These are two actions brought to recover for persopal injuries received by the plaintiffs while riding on a motor cycle, owned and operated by the plaintiff in the first action, and for damage to the motor cycle.

The alleged causes of action arise out of a collision upon a highway in Taunton between the motor cycle and an automobile owned and operated by the defendant. The only exception argued by the defendant is to the exclusion of a question put to the plaintiff in the first action upon cross-examination.

He had previously testified, both upon his direct and cross-examination, that he did…

2Cases cited3 opinions

  1. Lang v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
  2. Luiz v. FalveyMassachusetts Supreme Judicial Court · 1917
  3. Lizotte v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1907

3Cited by10 opinions

  1. Koehn v. City of HastingsNebraska Supreme Court · 1925
  2. Conrad v. MazmanMassachusetts Supreme Judicial Court · 1934
  3. Kenyon v. HathawayMassachusetts Supreme Judicial Court · 1931
  4. Ross v. Pennsylvania R.R. Co.Supreme Court of New Jersey · 1930
  5. Fries v. GoldsbyNebraska Supreme Court · 1956

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