Norcross v. B. L. Roberts Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries and damages to a motorcycle alleged to have been caused by a motor truck being negligently run into the plaintiff from behind as he was pushing the motorcycle along the highway. Writ dated January 19, 1920. In the Superior Court, the action was tried before King, J. Material evidence is described in the opinion.
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Tort for personal injuries and damages to a motorcycle alleged to have been caused by a motor truck being negligently run into the plaintiff from behind as he was pushing the motorcycle along the highway. Writ dated January 19, 1920. In the Superior Court, the action was tried before King, J. Material evidence is described in the opinion. The trial judge ruled that there was “no evidence of gross negligence or wilful misconduct on the part of the defendant,” and refused the following requests of the defendant for rulings: “1. On all the evidence the plaintiff cannot recover. “2. The plaintiff…
1Opinion of the CourtDe Courcy, J.
On the evidence the jury could find the facts to be as follows: On December 20, 1919, the plaintiff went to Oxford Heights to get his motorcycle, intending to return with it to Worcester and have it repaired. Finding the engine frozen, he proceeded to push the machine along the highway to Worcester, a distance of five or six miles. At about half past four in the afternoon, he arrived in Auburn and was walking slowly on the extreme right side of the road, when the defendant’s auto truck, coming suddenly from behind, ran into him and his machine. The front and rear lights of the motorcycle were…
2Cases cited5 opinions
- Dudley v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Commonwealth v. HenryMassachusetts Supreme Judicial Court · 1917
- Holden v. McGillicuddyMassachusetts Supreme Judicial Court · 1913
- Tinkle v. SweeneyTexas Supreme Court · 1903
- Harris v. . WrightSupreme Court of North Carolina · 1896
3Cited by11 opinions
- State v. WebbSupreme Court of Iowa · 1926
- Commonwealth v. ClarkeMassachusetts Supreme Judicial Court · 1926
- State v. TaceySupreme Court of Vermont · 1930
- Beauvais v. Springfield Institution for SavingsMassachusetts Supreme Judicial Court · 1939
- Potter v. GilmoreMassachusetts Supreme Judicial Court · 1933
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