Kilmain v. D'Urbano
Massachusetts Supreme Judicial Court
1Opinion of the CourtQua, J.
We think there was evidence for the jury of gross negligence of the defendant.
The jury could have found that while the minor plaintiff, a boy of sixteen and a guest passenger in. an automobile driven by the defendant, was riding upon the running board with the defendant’s knowledge and consent, the defendant drove down grade at a speed of from forty to forty-five miles an hour upon a narrow street up which groups of children were approaching, disregarded the minor plaintiff’s request to “slow down,” made at a point about one hundred fifty feet from the place of the accident, and another…
2Cases cited7 opinions
- Lyttle v. MontoMassachusetts Supreme Judicial Court · 1924
- Cook v. ColeMassachusetts Supreme Judicial Court · 1931
- Swistak v. ParadisMassachusetts Supreme Judicial Court · 1934
- Terlizzi v. MarshMassachusetts Supreme Judicial Court · 1927
- Stetson v. HowardMassachusetts Supreme Judicial Court · 1933
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