Legal Opinion

Fox v. Earnshaw

Massachusetts Supreme Judicial Court

Decided June 5, 1967Published

1Opinion of the Court

In this action of tort for personal injuries and consequential damages, based on the defendant’s alleged gross negligence in the operation of a motor vehicle in which the plaintiffs were passengers, the judge entered verdicts for the defendant under leave reserved. G. L. c. 231, § 120. There was no error. The roadway, in Methuen, was thirty feet wide, straight, clear and dry; there was no traffic; the view was unobstructed. There was testimony that the defendant, while the car was moving “around 45 to 50 miles per hour,” looked backward and out the left window and had only his right hand on…

2Cases cited3 opinions

  1. Lynch v. Springfield Safe Deposit & Trust Co.Massachusetts Supreme Judicial Court · 1936
  2. Dinardi v. HerookMassachusetts Supreme Judicial Court · 1952
  3. Lalumiere v. MieleMassachusetts Supreme Judicial Court · 1958

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