Legal Opinion

Rice v. Hertz Corp.

Massachusetts District Court, Appellate Division

Decided May 15, 1968No. #6703; No. R-2402Published

1Opinion of the CourtBrooks, P.J.

This is an action against the Lessor of a U-Drive-It truck by the Lessee and by another occupant of the truck to recover for personal injuries resulting from a collision between the truck and another automobile.

The declaration is in five counts.

1. By the lessee in tort for negligence in renting to him a vehicle with defective brakes.

2. By the lessee for breach of contract for *73failure to rent a vehicle with proper brakes.

3. By a companion of the lessee at the time of the accident for negligence by defendant in renting to other plaintiff a car with defective brakes.

4. By the lessee in tort for…

2Cases cited3 opinions

  1. Mitchell v. LonerganMassachusetts Supreme Judicial Court · 1934
  2. Cochrane v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1933
  3. Perry v. Richard Chevrolet, Inc.Massachusetts Supreme Judicial Court · 1962

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