Gondek v. Pliska

The plaintiff sued for damages for personal injuries sustained while a passenger in the defendant’s automobile in the town of Bolton, Massachusetts, when by reason of the alleged gross negligence of its driver the car skidded, ran off the road and collided with a tree. The court rendered judgment for the plaintiff and the defendant has appealed. The vital question presented upon the issue of liability is whether the facts found warrant the court’s conclusion that the defendant was guilty of gross negligence under the law of Massachusetts.

The facts are not disputed and so far as material may…