Massaletti v. Fitzroy
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on January 19, 1911, when the plaintiff by invitation of the defendant was travelling with the defendant in a motor car owned by the defendant and operated by one Smith, alleged to be a servant of the defendant, on Commonwealth Avenue in Newton, by reason of the alleged negligence of the defendant’s servant, who drove the car against a post at the side of the highway, overturning the car and pinning the plaintiff under it.
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Tort for personal injuries sustained on January 19, 1911, when the plaintiff by invitation of the defendant was travelling with the defendant in a motor car owned by the defendant and operated by one Smith, alleged to be a servant of the defendant, on Commonwealth Avenue in Newton, by reason of the alleged negligence of the defendant’s servant, who drove the car against a post at the side of the highway, overturning the car and pinning the plaintiff under it. Writ dated February 9, 1912. In the Superior Court the case was tried before Dana, J. The facts which could have been found upon the…
1Opinion of the CourtLoring, J.
While staying with the defendant as her guest the plaintiff at the defendant’s invitation went out with the *489defendant in her motor car. The car was driven by a chauffeur furnished by the owner of the garage where it was kept. Through the negligence of the chauffeur the machine was overturned and fell on the plaintiff, causing the injuries here complained of. The jury found that while driving the machine the chauffeur acted as the defendant’s servant, and this finding .was warranted by the evidence. They also found that the accident was caused by the negligence of the chauffeur. Upon the jury…
2Cases cited63 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
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3Cited by184 opinions
- Silver v. SilverSupreme Court of the United States · 1929
- Altman v. AronsonMassachusetts Supreme Judicial Court · 1919
- Brown v. MerloCalifornia Supreme Court · 1973
- Naudzius v. LahrMichigan Supreme Court · 1931
- Silver v. SilverSupreme Court of Connecticut · 1928
179 more not listed; retrieve them via the Exa API.