Hallett v. Crowell
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on June 6, 1916, at about half past eight o’clock in the evening when the plaintiff was riding a motorcycle on the main county road leading from Harwich to Yarmouth in the part of Dennis known as West Dennis and came into collision with a four wheeled farm wagon owned and driven by the defendant and alleged to have been unlawfully on the highway without any light or lights thereon.
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Tort for personal injuries sustained on June 6, 1916, at about half past eight o’clock in the evening when the plaintiff was riding a motorcycle on the main county road leading from Harwich to Yarmouth in the part of Dennis known as West Dennis and came into collision with a four wheeled farm wagon owned and driven by the defendant and alleged to have been unlawfully on the highway without any light or lights thereon. Writ dated August 14, 1916. The answer in addition to a general denial alleged that the plaintiff was not in the exercise of due care and was guilty of contributory negligence.…
1Opinion of the CourtBraley, J.
The presiding judge rightly refused to order a verdict for the defendant. The accident happened at about half-past eight o’clock in the evening while the parties, each going in the same direction, were using a public way as travellers. It is argued that as matter of law the plaintiff was not in the exercise of due care. The jury doubtless could find that the plaintiff’s motorcycle, lighted as required by law, could be stopped at the rate of speed he was going within a distance of fifteen feet and that he was about twenty-five feet distant when he saw the rear wheel of the defendant’s…
2Cases cited1 opinion
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
3Cited by15 opinions
- Murphy v. HawthorneOregon Supreme Court · 1926
- Tresise v. AshdownOhio Supreme Court · 1928
- Bresnahan v. PromanMassachusetts Supreme Judicial Court · 1942
- Jacobs v. MonizMassachusetts Supreme Judicial Court · 1934
- Beebe v. HannettMichigan Supreme Court · 1923
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