Phillips v. Gookin
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff, a woman seventy years of age, by reason of being struck by a motor car of the defendant, alleged to have been driven negligently by a servant of the defendant, on Columbus Avenue near Holyoke Street in Boston at about half past ten o’clock on the evening of September 10,1915. Writ dated September 17, 1915. In the Superior Court the case was tried before Hitchcock, J. The evidence is described in the opinion.
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Tort for personal injuries sustained by the plaintiff, a woman seventy years of age, by reason of being struck by a motor car of the defendant, alleged to have been driven negligently by a servant of the defendant, on Columbus Avenue near Holyoke Street in Boston at about half past ten o’clock on the evening of September 10,1915. Writ dated September 17, 1915. In the Superior Court the case was tried before Hitchcock, J. The evidence is described in the opinion. At the close of the evidence the defendant filed a motion asking the judge to order a verdict for the defendant. The judge denied…
1Opinion of the Court
By the Court.
This is an action to recover compensation for personal injuries received by the plaintiff from being struck by an automobile. The testimony in the case was to the effect that the defendant, being the owner, had let the use of the automobile to one Hayden, who was driving and who was not then and never had been a servant of the defendant. If this testimony was believed, the defendant was not answerable for. the wrong of the driver, Herlihy v. Smith, 116 Mass. 265; if disbelieved, there was nothing to fasten liability on the defendant. Mere disbelief of testimony is not the…
2Cases cited7 opinions
- Potts v. . PardeeNew York Court of Appeals · 1917
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- Trombley v. Stevens-Duryea Co.Massachusetts Supreme Judicial Court · 1910
- Hartnett v. GryzmishMassachusetts Supreme Judicial Court · 1914
- Herlihy v. SmithMassachusetts Supreme Judicial Court · 1874
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- Porcino v. De StefanoMassachusetts Supreme Judicial Court · 1923
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