Lovett v. Scott
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Charles J. Lovett for causing the death of the plaintiff’s intestate on February 23, 1917, when he was eight years and four months of age, by knocking him down with a motor truck alleged to have been operated negligently by a servant of the defendant.
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Tort by the administrator of the estate of Charles J. Lovett for causing the death of the plaintiff’s intestate on February 23, 1917, when he was eight years and four months of age, by knocking him down with a motor truck alleged to have been operated negligently by a servant of the defendant. Writ dated April 13, 1917. In the Superior Court the case was tried before Fessenden, J. The facts most favorable to the plaintiff which could have been found upon the evidence are stated in the opinion. At the close of the evidence the judge, at the defendant’s request, ordered a verdict for the…
1Opinion of the CourtPierce, J.
Stating the testimony in its aspect most favorable to the plaintiff’s contention, the evidence warranted the jury in finding that the accident and injury to the plaintiff’s intestate occurred on February 23, 1917, at about 4:10 P. M. at a place three feet from the edge of the sidewalk on the right hand side of Columbia Hoad in Dochester, leading from Upham’s Corner to Franklin Park, in front of a small grocery store; that at the time of the accident a servant of the defendant, in the prosecution of the business of the defendant, was driving a two-ton motor truck with a load of furniture upon…
2Cases cited3 opinions
- Mercier v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Donahue v. Massachusetts Northeastern Street Railway Co.Massachusetts Supreme Judicial Court · 1915
- O'Donnell v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1917
3Cited by25 opinions
- Baker v. DavisMassachusetts Supreme Judicial Court · 1938
- Whalen v. MutrieMassachusetts Supreme Judicial Court · 1924
- Rizzittelli v. VestineMassachusetts Supreme Judicial Court · 1923
- Conrad v. MazmanMassachusetts Supreme Judicial Court · 1934
- Borland v. LenzSupreme Court of Iowa · 1923
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