Kando v. Dick Weller, Inc.

1. We do not consider whether the judge erred in striking Derby’s unresponsive answer (an estimate of the speed of the Kando vehicle at the time of impact) and instructing the jury to disregard that answer because there was no objection to either of those actions. Mass.R.Civ.P. 46, 365 Mass. 811 (1974). 2. It could not properly have been ruled that either Kando or Chittim was guilty of contributory negligence as matter of law. There is no absolute rule of law that one is guilty of negligence if he drives a motor vehicle along a public highway at night in a thick fog at such a speed that the…