King v. Weitzman

These are actions of tort under G. L. c. 229, § 5, to recover compensation for the death of the plaintiff’s intestate, alleged to have been caused by the negligence of the driver of an automobile truck, one of the defendants, who, at the time of the accident, was the agent of the other defendant acting within the scope of his authority.

There was evidence tending to show that just before midnight on November 14,1925, the automobile truck was being driven along Humboldt Avenue, a street running north and south in which there were two lines of street railway tracks, at a speed of possibly forty…